Human Rights

In the Supreme Court’s recent United States v. Skrmetti (2025) decision, Justice Amy Coney Barrett raised the novel question: Does the United States have a long-standing history of de jure discrimination against transgender people, perpetrated by state actors through the force of law?
This Essay provides the beginnings of an answer to Justice Barrett’s inquiry, demonstrating that throughout the history and geography of the United States, government actors have used the law to discriminate against people who deviate from narrow, essentialist notions of sex and gender.

The Native American Graves Protection and Repatriation Act (NAGPRA) creates a comprehensive federal statutory scheme to protect Native American graves and accord human remains and objects of cultural patrimony “dignity and respect.”

On a December morning in 2015, H.A. left early from his home in central Gaza to tend to his fields of wheat, barley, peas, and fava beans a couple hundred meters from the Israeli border fence. He arrived to find a low-flying Israeli aircraft spewing a thick, white substance over his farmland as it traveled south along the Palestinian side of the divide.