Justice Sotomayor disagreed about how to interpret the wording, giving “an example with the same syntax” as the 1975 law.
“A restaurant advertises ‘50 percent off any meat, vegetable or seafood dish, including ceviche, which is cooked,’” she wrote. “Say a customer orders ceviche, a Peruvian specialty of raw fish marinated in citrus juice. Would she expect it to be cooked? No. Would she expect to pay full price for it? Again, no.”
Chief Justice John G. Roberts Jr. and Justices Stephen G. Breyer, Brett M. Kavanaugh and Amy Coney Barrett joined all of Justice Sotomayor’s opinion, and Justice Samuel A. Alito Jr. most of it.
In dissent, Justice Neil M. Gorsuch wrote that corporations did not satisfy the statutory definition because they are not recognized as tribes.
He took on the ceviche comparison, calling it “a bit underdone.”
“Maybe the restaurant uses heat to cook its ceviche — many chefs ‘lightly poach lobster, shrimp, octopus or mussels before using them in ceviche,’” he wrote, quoting a newspaper article. “Maybe the restaurant meant to speak of ceviche as ‘cooked’ in the sense of ‘fish … “cooked” by marinating it in an acidic dressing’ like lime juice,” he went on, quoting another article.
Justices Clarence Thomas and Elena Kagan joined Justice Gorsuch’s dissent in the case, Yellen v. Confederated Tribes of the Chehalis Reservation, No. 20-543.
In a statement, two associations representing Native corporations welcomed the decision. “Alaska’s economy is only now starting to recover,” the statement said, “and these funds are needed to help our communities get back on their feet.”
Mark Walker contributed reporting.
The Link LonkJune 26, 2021 at 04:08AM
https://ift.tt/3ddnfmw
Supreme Court Sides With Alaskan Natives in Dispute Over Coronavirus Aid - The New York Times
https://ift.tt/3d5QSDO
No comments:
Post a Comment