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Is It Infringement If It's Funny?
Strict Scrutiny
The Navajo Nation's Rights to Water
On the reservation 170,000 people are without warning water. Not only does the reservation lack water, it actually lacks the infrastructure to be able to distribute water from more remote sources. So that really frames the kind of stakes in this case and at the oral argument I thought that Justice O'odhamayor really both brought out these stakes but also reminded everyone of the history out of which this case arises.
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