June 10, 2021
By Timothy Sandefur
I recently joined the American Enterprise Institute’s Naomi Schaefer Riley and Ian Rowe on their podcast “Are You Kidding Me?” to discuss how the Indian Child Welfare Act makes it harder to protect Native American children from abuse and neglect—and how irrational it is that the federal government continues to impose race-based barriers against the adoption of at-risk children. In our conversation, I discuss the recent decision in the Brackeen case, as well as some of the other cases the Goldwater Institute has worked on to defend the rights of Native kids and the adults who want to care for them.
I also talked with the Pacific Legal Foundation’s Anastasia Boden about the Constitution’s protections for economic liberty, on their podcast “Dissed,” which features famous dissenting opinions in U.S. Supreme Court history. In this episode, we examined the dissenting opinions in the 1934 case of Nebbia v. New York, the case that essentially invented the “rational basis” test—as well as Judge Janice Brown’s dissenting opinion in a case called Hettinga, in which she explained why that test is so wrongheaded.
Timothy Sandefur is the Vice President for Litigation at the Goldwater Institute.