Strict Scrutiny

The Battle for Native Rights & Comstock: The Zombie Law From Hell

Sep 16, 2024
Rebecca Nagle, author of "By the Fire We Carry," discusses the ongoing battle for Native rights and the implications of federal Indian law. She highlights the tensions between Native sovereignty and judicial interpretations. Law professors Reva Siegel and Mary Ziegler delve into the Comstock Act's legacy, exploring its profound effects on reproductive rights and women's freedoms. They dissect the historical injustices linked to censorship and the struggle for civil rights in today’s political landscape, critiquing the suppression of marginalized voices.
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INSIGHT

Indigenous Rights and Democracy

  • Indigenous rights are a canary in the coal mine for other rights.
  • The legacy of colonization is a problem for both indigenous peoples and American democracy.
ANECDOTE

Book Structure

  • Rebecca Nagle's book weaves together Native history, family history, and legal battles.
  • It covers forced removal, a murder case, and the Supreme Court reaffirming Native land rights in 2020.
INSIGHT

Land, Language, and Culture

  • Land is tied to Native culture, traditions, and way of life.
  • Land loss often leads to language and cultural loss.
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