Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Congress Bill Spotlight: Remove the Stain Act

News

Congress Bill Spotlight: Remove the Stain Act

A deep look at the fight over rescinding Medals of Honor from U.S. soldiers at Wounded Knee, the political clash surrounding the Remove the Stain Act, and what’s at stake for historical justice.

Getty Images, Stocktrek Images

Should the U.S. soldiers at 1890’s Wounded Knee keep the Medal of Honor?

Context: history


Throughout the 19th century, the U.S. military engaged in violent conflicts with Native Americans, many of them armed uprisings, as white people settled native land. On December 29, 1890, a large party from the Lakota tribe made camp by a South Dakota creek called Wounded Knee. Hundreds of Army soldiers surrounded the group, attempting to disarm them.

A shot rang out. Though the exact circumstances are murky, it’s believed a deaf Lakota man named Black Coyote refused to surrender his weapon, which went off accidentally. A violent melee ensued – but since most of the Lakota had surrendered their weapons by that point, they were left largely defenseless. While at least 25 U.S. soldiers died during the battle, hundreds of Lakota people died, including women and children.

In the aftermath, 20 U.S. soldiers were bestowed the Medal of Honor, the nation’s top military prize.

Context: today

In July 2024, President Joe Biden’s Defense Secretary Lloyd Austin announced a commission to review those medals, with their recommendations and report due to him by that October. However, this report was never publicly released.

Austin ultimately took no action on the medals during his time in office – neither rescinding them as many predicted he would, nor affirmatively maintaining them. As a result, the medals remain intact.

In September 2025, President Donald Trump’s Defense Secretary Pete Hegseth revealed the panel had voted nearly a year prior to recommend upholding the medals.

While the actual report has still not been publicly released, one of the commission’s five members told South Dakota Searchlight that the recommendation vote was 3-2. Reportedly, Defense Department members provided the three votes to maintain the medals, while members of the Interior Department (which helps manage tribal lands) provided the two votes to rescind.

Hegseth then announced he accepted the panel’s recommendations and affirmatively kept the medals intact. He declared his decision “final,” meaning the medals would never be rescinded by him… but Congress still could.

What the legislation does

The Remove the Stain Act would posthumously rescind the Medal of Honor for any Wounded Knee participant who previously received the award.

Sen. Elizabeth Warren (D-MA) introduced the Senate version on May 22, then Rep. Jill Tokuda (D-HI2) introduced the House version a day later on May 23. That was several months before Hegseth’s announcement, but in anticipation of its possibility.

Is this even allowed?

Indeed, hundreds of Medals of Honor have been rescinded before.

The most famous case might be Mary Edwards Walker, the only woman ever awarded the Medal of Honor. President Andrew Johnson bestowed the prize upon her in 1865 for saving dozens of soldiers’ lives while working at a Civil War hospital. But in 1917, Congress retroactively changed the criteria, saying medals could only go to those who’d served in combat.

Walker, still alive in her 80s, saw her prize officially revoked but refused to return her actual physical medal. President Jimmy Carter posthumously reinstated her award in 1977.

What supporters say

Supporters argue that the 1890 event was an unjustified butchery.

“The massacre of hundreds of unarmed Lakota men, women, and children at Wounded Knee was a crime against humanity. Honoring the perpetrators with the Medal of Honor adds insult to that deep wound,” Rep. Tokuda said in a press release. “[The bill would] revoke medals that should never have been given, because healing begins with honesty — and the Lakota people deserve nothing less.”

"We cannot be a country that celebrates and rewards horrifying acts of violence against native people," Sen. Warren said in a separate press release. "Congress must recognize how shameful this massacre was and take an important step toward justice for the Lakota people."

What opponents say

Opponents counter that the soldiers in 1890 were under attack and defended themselves valiantly, with 25 of them losing their lives.

Sec. Austin “was more interested in being politically correct than historically correct,” Sec. Hegseth said in a social media video announcing his decision, which earned 29+ million views on X/Twitter. “[Austin] chose not to make a final decision. Such careless inaction has allowed for their distinguished recognition to remain in limbo, until now.”

“Under my direction, we’re making it clear without hesitation that the soldiers… will keep their medals. And we’re making it clear that they deserve those medals,” Hegseth continued. “Their place in our nation’s history is no longer up for debate. We salute their memory, we honor their service, and we will never forget what they did.”

Odds of passage

The Senate version has attracted seven cosponsors, all Democrats or Democratic-leaning independents. The House version has attracted eight Democratic cosponsors. Either version awaits a potential vote in their respective chamber’s Armed Services Committee, both controlled by Republicans.

Several prior versions introduced starting in 2019 never received a committee vote, not even when Democrats controlled one or both chambers of Congress.


Jesse Rifkin is a freelance journalist with The Fulcrum. Don’t miss his report, Congress Bill Spotlight, on The Fulcrum. Rifkin’s writings about politics and Congress have been published in the Washington Post, Politico, Roll Call, Los Angeles Times, CNN Opinion, GovTrack, and USA Today.

SUGGESTIONS:

Congress Bill Spotlight: The Charlie Kirk Act

Congress Bill Spotlight: Department of War Restoration Act

Congress Bill Spotlight: No Social Media at School Act

Congress Bill Spotlight: Make Entertainment Great Again (MEGA) Act, Renaming Kennedy Center to Trump Center


Read More

Families of Americans Overseas Wrongfully Detained Bring Advocacy to Capitol Hill

The Bring Our Families Home campaign brought together loved ones of Americans wrongly detained overseas to display portraits in the Senate Russell Rotunda on Wednesday, May 6.

(Jacques Abou-Rizk, MNS)

Families of Americans Overseas Wrongfully Detained Bring Advocacy to Capitol Hill

WASHINGTON – American journalist Reza Valizadeh visited his elderly Iranian parents in March 2024 for the first time in 15 years. Valizadeh’s stories for Voice of America and other U.S. government-funded outlets often criticized the Iranian regime. So before traveling, he sought and received confirmation that he would be safe from a high-ranking commander in the Islamic Revolutionary Guard Corps, a branch of Iran’s armed forces. However, in September that same year, the Islamic Revolutionary Guard Corps arrested Valizadeh, and Tehran’s Revolutionary Court sentenced him to ten years in prison for “collaboration with a hostile government.”

In the Rotunda of the Senate Russell Building last week, the Bring Our Families Home campaign set up portraits of Valizadeh and 12 other Americans currently wrongfully detained overseas. The group, family members of illegitimately detained Americans, appealed to Congress to push for their safe return. Each foam poster board included the name, home state, and country of detainment. The display also included portraits of the 33 people released after advocacy by the James W. Foley Foundation.

Keep ReadingShow less
FEMA Review Council Proposes Long List of Reforms to Federal Disaster Assistance

The Federal Emergency Management Agency (FEMA) Headquarters Building in Washington, DC.

(Photo by Michael M. Santiago/Getty Images)

FEMA Review Council Proposes Long List of Reforms to Federal Disaster Assistance

WASHINGTON — Nearly a year after President Donald Trump threatened to abolish the Federal Emergency Management Agency, a review council he appointed released a final report on Thursday to overhaul the agency by reducing administrative costs and shifting responsibility for disaster response to states.

The review council was created in January 2025 through Executive Order 14180. According to the order, the council, led by Homeland Secretary Markwayne Mullin and Defense Secretary Pete Hegseth, was tasked with evaluating and improving the agency's efficacy and disaster response.

Keep ReadingShow less
What Will It Take To Truly Negotiate Paid Leave? Getting to "Yes" on Three Questions
blue and yellow i heart you print textile
Photo by Sandy Millar on Unsplash

What Will It Take To Truly Negotiate Paid Leave? Getting to "Yes" on Three Questions

Everyone in the United States deserves time to care for themselves and their loved ones, whether to see a baby’s first smile or hold the hand of a parent who takes their last. Last month, Virginia became one of a growing number of U.S. jurisdictions enacting statewide paid leave programs—forward-looking states that have taken matters into their own hands in the absence of a federal policy that the vast majority of the public across party lines wants and has wanted for quite some time.

Beginning in 2028, Virginia will join its regional mid-Atlantic neighbors, the District of Columbia, Maryland, Delaware, New Jersey, and New York in guaranteeing this basic protection to millions of workers caring for a new child, a loved one, or their own serious health need. Pennsylvania’s legislature, too, is moving paid leave legislation, and with bipartisan support. Evidence shows that paid family and medical leave programs offer multiple sources of value to workers, families, businesses, and communities.

Keep ReadingShow less
DHS Funding During the Shutdown
Getty Images, Charles-McClintock Wilson

DHS Funding During the Shutdown

When Congress failed to approve funding for the Department of Homeland Security for the remainder of this fiscal year in February, almost all of its employees began to work without pay. That situation changed, however, on April 3, when President Donald Trump issued a memorandum ordering the DHS secretary and director of the Office of Management and Budget to “use funds that have a reasonable and logical nexus to the functions of DHS” to pay its employees and issue back pay.

Trump shifted money to avoid the political embarrassment that would be caused by the collapse of airport security screening through the actions of disgruntled agents and the disruption to air travel that would ensue. But it’s legally dubious.

Keep ReadingShow less