Major Problems in Montana's CI-128 (the Abortion Initiative)
- September 26, 2024

The Commerce Clause part of the decision is a mess. There is no more polite way to describe it.
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The leading myth in Indian law is that the Constitution gives Congress “plenary” (absolute) authority over Indian affairs.
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One reason the votes in these cases were so close is that the law of tribal sovereignty is chaotic.
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The Constitution does not give Congress authority to regulate the adoption of children.
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