The doctrine of discovery originated in nineteenth-century US Supreme Court rulings.

Evidence

Cardinal Michael Czerny, commenting on the Vatican’s repudiation, stated that “the ‘Doctrine of Discovery’ is an invention or creation of the U.S. Supreme Court in the 19th century.” — Wikipedia contributors, Johnson v. McIntosh, 22

Categorization

• SHARE: Perfect for the one friend who litigates or teaches federal Indian law and will delight in a Vatican cardinal relocating the doctrine’s origin from Rome to Marshall’s bench.
• QUESTION: If the doctrine is a US judicial invention, what exactly did Marshall borrow from papal bulls and what did he manufacture? Worth tracing the citation chain.