Justice Scalia and Native American Law

In celebration of Native American History Month, Jeffrey Rosen was joined by Keith Richotte Jr., author of the forthcoming book The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution and Matthew L.M. Fletcher, author of The Ghost Road: Anishinaabe Responses to Indian Hating to explore how Native American law has evolved from the Marshall Court to the present day—tracing how the Court came to grant the federal government broad authority over tribal affairs, and how tribes have begun to reassert their sovereignty under the Roberts Court. 

This program was originally streamed live as part of the NCC’s America’s Town Hall series on November 4, 2024.

Resources: 

• Keith Richotte Jr., The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution (2025) 
• Matthew Fletcher, The Ghost Road: Ashinaabe Responses to Indian Hating (2020) 
• Matthew Fletcher, “Muskrat Textualism,” Northwestern Law Review (2022) 
• Matthew Fletcher, “The Dark Matter of Indian Law: The Duty of Protection” (June 2023) 

Stay Connected and Learn More

• Questions or comments about the show? Email us at podcast@constitutioncenter.org
• Continue the conversation by following us on social media @ConstitutionCtr.
• Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate.
• Subscribe, rate, and review wherever you listen.
• Join us for an upcoming live program or watch recordings on YouTube.
• Support our important work.

Donate