That the Supreme Court is ethically compromised has become almost comically obvious. Recent sweeping decisions, from the overturning of Roe v. Wade to the dismantling of affirmative action, to the extension of innocent Americans’ prison sentences, have been handed down in the midst of myriad scandals involving justices and their wealthy, purportedly uncorrupt friends. The high court, now dominated by conservatives, is not just independent but dangerously rogue. For Issue...
In Haaland v. Brackeen, decided this June, Justice Neil Gorsuch’s concurring opinion again reminded readers just how rarely the high court has demonstrated a clear, coherent approach toward federal Indian law. The case focused on the constitutionality of the Indian Child Welfare Act (ICWA), which was passed in 1978 to reduce the number of Native children removed from their families and to preferentially place Native adoptees and foster youth within...
An Indigenous woman steps onto a white beach. Several others follow her carefully, winding their way through nearby palm trees and squinting out over warm Atlantic waters. Coming across the horizon is a single rowboat, white hands pulling the oars. The flag adorning the caravel that looms beyond the smaller boat indicates that they are Spaniards. When they reach the shore, a priest blesses the land, claiming it for the...