Tag Archives: SCOTUS

Book Review: Rebecca Nagle’s ‘By the Fire We Carry’ burns bright

Posted on November 8, 2024 by Stephen Carr Hampton

Like Rebecca Nagle, I remember that Monday morning in July, 2020, glued to my laptop, waiting for news from SCOTUSblog. My first indication of the McGirt decision was a tweet from Nagle exclaiming that Gorsuch authored the decision. That was … Continue reading →

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Dear Justice Alito, I heard your question

Posted on November 14, 2022 by Stephen Carr Hampton

Dear Justice Alito, I listened to the oral arguments in Brakeen v Haaland. I heard your question: “but why — why is it rational [to foster a child in the home of someone from another tribe, as a third-tier option]? … Continue reading →

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Merciless savages: The Supreme Court’s attacks on women and Native Americans 

Posted on July 3, 2022 by Stephen Carr Hampton

In the majority opinion of Dobbs v. Jackson Women’s Health, the Supreme Court relied upon social and historical mores in the 18th and 19th century to interpret the US Constitution. Because Roe v. Wade, they argued, relied upon the 14th … Continue reading →

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The Right Wing attack on ICWA and Tribal Sovereignty

Posted on October 22, 2021 by Stephen Carr Hampton

In Season 2 of her podcast, This Land, Rebecca Nagle does some serious investigative journalism, uncovering a small network of powerful ultra-conservative power-brokers, foundations, law firms, attorneys, and judges working together to tear down the Indian Child Welfare Act (ICWA). … Continue reading →

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Texas deputizes citizens and awards bounties, as was done for burning witches, catching slaves, and killing Native Americans

Posted on September 5, 2021 by Stephen Carr Hampton

Texas just outlawed all abortions after six weeks after a woman’s last menstruation. They knew this violated the US Constitution under Roe v Wade. To avoid a federal judge blocking the law, Texas will not enforce it. Instead, the law … Continue reading →

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Cherokee Nation juggles tribal sovereignty with Trumpers in a red state

Posted on January 15, 2021 by Stephen Carr Hampton

In light of its newly recognized reservation, Cherokee Nation, and all of Oklahoma’s 38 tribal nations, finds themselves in the crosshairs between tribal sovereignty and Trumpism, between protecting the environment and Big Oil. In the July 2020 McGirt decision, the … Continue reading →

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Drama on the Rez: Big Oil, Oklahoma, and Trump put the Five Tribes under pressure

Posted on July 24, 2020 by Stephen Carr Hampton

With the ink barely dry on the Supreme Court ruling that eastern Oklahoma is in fact reservation land of the Creek, Cherokee, Choctaw, Chickasaw, and Seminole, the Five Tribes are under pressure to relinquish some of their new-found sovereignty. The … Continue reading →

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On this date… February 28, 1823… Washington, D.C.

Posted on February 28, 2014 by Stephen Carr Hampton

On this date, Supreme Court Chief Justice John Marshall redefined land ownership in America in the case of Johnson v. M’Intosh. It was a stretch, but he went back to the fifteenth century, when the Pope allotted newly discovered lands … Continue reading →

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