Native American Law Partner Philip Baker-Shenk was quoted by Law360 on some of the important decisions in Native American law in the first half of 2019.
Justice Neil Gorsuch's decision favoring the Yakama Nation in Washington State Department of Licensing v. Cougar Den Inc. differed from the opinion of his fellow conservatives, reflecting his Western background. Mr. Baker-Shenk commented that Justice Gorsuch's dissention was "reminiscent of the pleasant surprise that Justice Sandra Day O'Connor brought to the court."
Also commenting on Justice Samuel Alito Jr.'s opinion in Gamble v. U.S., Mr. Baker-Shenk said, "If there's ever been any doubt in the U.S. attorney's office whether they have the authority to proceed to prosecution with a defendant who was subject to earlier tribal prosecution for conduct arising out of the same incident, Gamble should dissolve any room for doubt or reluctance."
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