As a general matter, the Supreme Court never passes a chance to favorably cite an opinion by Chief Justice Marshall. Bonus points for citing Marbury or McCulloch. Indeed, Trump v. Vance invoked Marshall's decision opinion in United States v. Burr over and over and over again. It must be nice to have John Marshall on your side--except, apparently, for Indian law.
The Great Chief Justice has something of a mixed record with respect to Indians. If there is ever a reason to cancel Chief Justice Marshall, it would be for his decision in Johnson v. McIntosh (1823). In that case, Marshall referred to Native Americans as "fierce savages." Still, perhaps Marshall redeemed himself in Worcester v. Georgia (1832), in which he ruled for the tribes.
How, then, should the modern Court treat Marshall? In Oklahoma v. Castro-Huerta, Justice Gorsuch's dissent embraces Worcester-era Marshall, and rejects McIntosh-era Marshall:
