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Strict Scrutiny

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

Strict Scrutiny

Crooked Media

Philosophy, News, Government, Supreme Court, Society & Culture

4.84.7K Ratings

🗓️ 16 September 2024

⏱️ 62 minutes

🧾️ Download transcript

Summary

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.

Transcript

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0:00.0

Mr Chief Justice,

0:03.0

Justice, may it please to court.

0:05.0

It's an old joke, but when I argue, man argues against two beautiful ladies like this,

0:11.0

they're going to have the last word.

0:14.0

She spoke not elegantly but with unmistakable clarity.

0:19.0

She said, I ask no favor for my sex. All I ask of our brethren is that they take their feet off our

0:30.3

next. Hello and

0:45.0

welcome back to strict scrutiny, your podcast about the Supreme Court and the legal

0:48.2

culture that surrounds it.

0:49.6

We are your host for the segment.

0:51.0

I'm Kate Shaw.

0:52.0

And I'm Leah Lippman. We have two great

0:53.9

interviews for you today. In the second half of the show, Melissa will join us and

0:57.7

we'll talk to the authors of a new article about the Comstock Act, the law

1:01.8

that Republicans in Project 2025 are going to try to revive

1:06.1

to enforce as a federal abortion ban.

1:09.0

But first we will be discussing a fabulous new book by one of our favorite repeat guests of the show, Rebecca Nagel. Her new book a If you don't already know, Rebecca is the host of the award-winning podcast, This Land, a documentary

1:25.3

podcast whose most recent season was about how the far right has sought to use native children

1:29.8

and to use the courts to undermine tribal sovereignty.

1:33.0

Her book, By the Fire We Carry, is an extraordinary work of journalism, history, memoir,

1:37.6

law, weaving together history about the forced removal of Native peoples, a small town

1:41.7

murder in Oklahoma in the 1990s and the legal

...

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