Clarence Thomas' criticism of my research in a Native rights case reveals originalism's big flaw.
If judges are going to use history as their guide, they should probably try to get the history right.
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If judges are going to use history as their guide, they should probably try to get the history right.
The Supreme Court ruled Thursday on the Indian Child Welfare Act.
FRANKFORT, Ky. (Legal Newsline) - A man who limited his prenatal care to sending a $25 Walmart moneygram to the mother of his child can nevertheless sue for a share of the proceeds of a wrongful-death settlement over the baby’s stillbirth, the Kentucky Supreme Court ruled.
A case to determine who has the rights to adopt Native children goes before the United States Supreme Court on Wednesday. It’s another challenge of the Indian Child Welfare Act, and if the law is overturned, it could jeopardize other laws protecting tribal sovereignty and water and land rights.
What is the best interest of the child? That’s the question at the core of every child welfare case. When it comes to Native adoptions, the fate of the law that set the standard for four decades now rests with Supreme Court.