4 ms·
This just talks about the case with the rape, but there was also one with a murder that SCOTUS decided on the same day, and it was based on the same question of
by nsajko 6y ago
This just talks about the case with the rape, but there was also one with a murder that SCOTUS decided on the same day, and it was based on the same question of whether the reservation still exists:
https://en.wikipedia.org/wiki/McGirt_v._Oklahoma https://en.wikipedia.org/wiki/McGirt_v._Oklahoma
https://en.wikipedia.org/wiki/Sharp_v._Murphy https://en.wikipedia.org/wiki/Sharp_v._Murphy
Can somebody explain why is it that in "Sharp v. Murphy" only Thomas and Alito dissented, while in "McGirt v. Oklahoma" Roberts and Kavanaugh dissented, too?
- afthonos 6y agoMy guess is that it's because it was a per curiam decision, meaning the majority felt that it didn't need a lot of elaboration. The reason for that is probably that given McGirt v. Oklahoma, Sharp v. Muphy was an obvious ruling. In other words, Roberts and Kavanaugh disagreed with McGirt, but once McGirt was precedent, Sharp followed immediately. Thomas is known for thinking precedent doesn't matter and should therefore be (mostly) ignored, so his dissent is not surprising to me, though I didn't read it. Likewise, I didn't read Alito's, so I don't know what his reasoning was.