Ninth Circuit Says Quiet Part Loud: Open Carry Laws Originated to Kill Indians and Slaves

Here is the opinion in Young v. State of Hawaii. An excerpt:

Some colonies’ issuance of carry requirements—especially to church, public gatherings, and other travel—reflects “adaptation to the realities of colonial life, especially [considering] the ongoing hostile relationship with Native Americans.” Cornell, 80 Law & Contemp. Probs. at 28. In addition to tense relations with Native Americans, southern colonies also feared the possibility of slave uprisings. Id

page 60, note 16.

Amicus Brief of NCAI in Census Case

Here is the National Congress of American Indians’ (“NCAI”) Amicus Brief in Trump v. New York, which is being argued today and addresses whether unauthorized immigrants should now be excluded from the Census count.

From the brief:

Multiple amici argue, in effect, that unauthorized immigrants are not “persons” to be counted for purposes of apportionment. Because the United States once tried to argue that American Indians were not “persons” under the law, amicus NCAI is compelled to refute these arguments.


These arguments are inconsistent with the Constitution’s text and history. Worse still, in a nation where “all persons are created equal,” Matthews v. Lucas, 427 U.S. 495, 516 (1976) (Stevens, J., dissenting), see also Declaration of Independence ¶ 2 (“We hold these truths to be self-evident, that all men are created equal. . . .”), these attempts to deny the very personhood of unauthorized immigrants are morally bankrupt.

Black Hills St. U. Talk on Indigenous Suffrage (10/23)

Here is a link to register for the larger conference on the same day.

The panel:

2:30 PM    Breakout Sessions (Choose one; we will have a separate Zoom link for each breakout session) 

  1.  Indigenous Suffrage, Intersectionality, and Barriers Faced by Indigenous Women Voters
        Dr. Ann Tweedy, Assoc. Professor of Law, University of South Dakota
    1. This session will explore the history of indigenous suffrage in the U.S. and some of the Current challenges. It will highlight the stories of Native female voters and examine some of the barriers that they face to voting.