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Most recents (1)
1/ Washington v. Cougar Den provides a curious split on how to interpret an 1855 treaty. J. Breyer wrote opinion for #SCOTUS, joined by Sotomayor and Kagan. Gorsuch concurred in judgment only, joined by Ginsburg. 
2/ I can think of two options. 1) At conference, the vote was fractured. Breyer assigned himself the majority, and RBG was content to join Gorusch. 2) RBG assigned Breyer the majority, but was so persuaded by Gorsuch, she abandoned Breyer's opinion, and joined Gorsuch #RBGIDGAF
3/ Breyer adopted treaty-originalism (as opposed to constitutional or statutory originalism). "The language of the treaty should be understood as bearing the meaning that the Yakamas understood it to have in 1855" The Yakamas were at a "significant [linguistic] disadvantage."
