Originally Posted by Rod Kaufman
"We must also take notice that Rod and Clarence Thomas are marching in lockstep,..."
Well, let's not get carried away here Jim!

That said, there's really no way to know what Thomas is thinking here since he's his same generally uncommunicative self with the actual written consent coming from Gorsuch who seems to have a history of backing Indian sovereignty in these sorts of issues. While one could argue Thomas simply concurs with whatever Gorsuch wrote in his dissent, I doubt it and I suspect Thomas has the same sort of weirdly dissociated thinking that has characterized his single contrarian opinions that we have seen in a number of SCOTUS decisions.
It's also interesting that Alito recused himself from this case-- not sure why- but, as we know, there were other politically charged cases wherein he seemingly had a obvious conflict of interest and did not.
Alito appropriately recused himself because he owns stock in the copper mining company that will benefit most from this mine. Sotomayor should take note.
I mentioned up above "Where the hell are the liberals"? One certainly can wonder why Ketanji Brown, Sotomayor, and Kagan are effectively siding with the government against the Apache tribe? Seems like a very illiberal thing to do, especially after one reads Gorsuch's impassioned dissent. (It is relatively short and very compelling, everyone who is slightly interested should read it, https://www.supremecourt.gov/opinions/24pdf/24-291_5i26.pdf ). The government is basically authoring the destruction of the Western Apache nation's entire religious way of life.
I am in favor of mining, and we need lots of copper, but the government has
not shown that
this particular new mine is necessary for national security or some other extremely high purpose. Make no mistake, this mine will destroy a site as holy and central to the Western Apache Tribe as Jerusalem, the Vatican, or Mecca might be to others who practice mainstream religions. This is not a private property rights case. The federal government (we the people) own the land. One could say we stole it from the Apache Tribe fair and square, long ago.
If Ketanji Brown, Sotomayor, and Kagan had joined with Gorsuch and Thomas, Cert would have been granted, whether Alito abstained or not. So why are these supposed liberals letting the government destroy the Western Apache Tribe's most sacred site on Earth?
I have a theory. The liberals voted
against the right of the Colorado baker to refuse to bake a cake for a gay marriage because of his sincerely held religious beliefs. If they voted to support the religious rights of the Apache Tribe now, they would be open to charges of inconsistency and hypocrisy. This is a real shame. In both cases they are supporting the government against the religious rights of the little guy, and I would call that extremely illiberal.
I've been wondering why Gorsuch wrote such an impassioned dissent. And Rod, yes Thomas has joined in it without comment, but that means he endorses every word. It is possible, but rare, for a decision denying certiorari to be re-heard and changed. My guess is that Gorsuch is trying to tee up a successful re-hearing on certiorari for his colleagues. I hope he succeeds. Jim