by Gregory Ablavsky
Historians' work played a huge role in a recent decision affecting Native American children. But the dissent by Clarence Thomas showed an appalling willingness to cherry-pick from the past that undermines originalism's own claims to legitimacy.
SOURCE: The Atlantic
by Rebecca Nagle
"The U.S. has been passing laws that treat tribes and tribal citizens differently from non-Native citizens since the founding of the republic. If that is unconstitutional, the entire legal structure defending the legal rights of Indigenous nations could crumble."
SOURCE: Perspectives on History
by Noah Ramage
Although the United States's campaign to legislate existing Indigenous republics out of existence has been broadly successful, the tenacity and durability of tribal sovereignty has been underestimated.
SOURCE: The Guardian
by Nick Estes
The Court recently overturned precedent to allow state governments criminal jurisdiction over tribal lands, which has historically been a tactic of oppression and elimination.