The Uncertain Future of the Indian Child Welfare Act
Strict Scrutiny
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Is Section 1983 Sufficient to Foreclose a Remedy in Nursing Homes?
The first black woman on the Supreme Court, she is asking the wrong question. Justice Barrett was transparently and explicitly following up on a question that you answered without fighting it. The state seems to want to say it can't be enforced because it's not clear enough that it creates rights. But one big problem with this argument is that challenge provisions literally say rights all over.
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