Strict Scrutiny The Battle for Native Rights & Comstock: The Zombie Law From Hell
Sep 16, 2024
Rebecca Nagle, author of "By the Fire We Carry," discusses the ongoing battle for Native rights and the implications of federal Indian law. She highlights the tensions between Native sovereignty and judicial interpretations. Law professors Reva Siegel and Mary Ziegler delve into the Comstock Act's legacy, exploring its profound effects on reproductive rights and women's freedoms. They dissect the historical injustices linked to censorship and the struggle for civil rights in today’s political landscape, critiquing the suppression of marginalized voices.
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Ginsburg's Contrasting Views on Collective Rights
- Justice Ginsburg struggled with the concept of collective rights in Native cases.
- This contrasts with her understanding of collective rights in cases like those involving the Voting Rights Act.
Justices and Native Law
- Justice Gorsuch's stance on Native rights aligns with textualism, focusing on the text of treaties and laws.
- Other justices hold varying views, with some expressing more extreme positions.
McGirt v. Oklahoma
- McGirt v. Oklahoma upheld the Muscogee Nation's reservation, leading to the largest restoration of tribal land in US history.
- The Supreme Court simply followed established law, but in federal Indian law, this was radical.
