Smashing Precedents and Making Up Facts
Strict Scrutiny
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The History After Worcester Is Like So Much of the History
Gregory: Originalists in federal Indian law support a robust vision of tribal sovereignty. But they say that it was abandoned over the course of the 19th century, he says. He asks if this deep engagement with history is kind of unavoidable in some of these federal Indian law cases. Gregory: It's just a question of not whether but how you do history.
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