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

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

2024/9/16
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Strict Scrutiny

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The discussion centers on the impact of colonization on indigenous rights and democracy, highlighting the forced removal of Native tribes and the lack of accountability for past injustices. It emphasizes the connection between indigenous rights and the strength of democracy, arguing that unresolved historical injustices undermine the principles of consent of the governed.
  • The legacy of colonization is a problem for both indigenous peoples and democracy.
  • Indigenous rights serve as an indicator of the health of other rights.
  • The forced removal of Native tribes, known as the Trail of Tears, is a tragic chapter in American history.
  • The US government has never fully reckoned with its history of committing genocide against indigenous peoples.

Shownotes Transcript

Kate and Leah speak with Rebecca Nagle, author of By the Fire We Carry: The Generations-Long Fight for Justice on Native Land) about the battlefield that is federal Indian law. Then, all three hosts speak with law professors Reva Siegel and Mary Ziegler about their paper for the Yale Law Journal, Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It).