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3min chapter
Smashing Precedents and Making Up Facts
Strict Scrutiny
Do the Background Principles Really Work?
The history of how Oklahoma became a state from Indian territory is really complicated. The background presumption for the majority is that tribal territory is going to be considered part of a state unless you can show us otherwise. And Justice Gorsuch reverses that presumption and says, no, if you want to argue that the state has authority here, you have to show some sort of federal authorization.
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