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December 02, 2022
What began as a child custody lawsuit evolved into a lengthy hearing of four consolidated cases before the Supreme Court on November 9, 2022.1 The law in question is the Indian Child Welfare Act (ICWA) and the Court’s eventual ruling on it could impact laws about race, states’ rights, and the sovereignty of Native American […]
November 09, 2021
In September 2021, a bipartisan group of senators and representatives reintroduced the Truth and Healing Commission on Indian Boarding School Policies in the United States Act, which would establish a commission to “investigate, document, and acknowledge past injustices of the federal government’s Indian Boarding School Policies.”1 The Truth and Healing Commission would use its findings […]
November 04, 2021
Part 2: The Current Debate Facing the U.S. Supreme Court For more information about the Indian Child Welfare Act (ICWA) of 1978 and the history of its enactment, please read part one of this series. Brackeen v. Haaland is a complex case that challenges the constitutionality of the ICWA. In the opinion of some, the […]
October 27, 2021
The case of Brackeen v. Haaland is currently facing the U.S. Supreme Court. The case calls into question the constitutionality of the Indian Child Welfare Act (ICWA) of 1978. The two major questions in the case are: (1) Is the ICWA unconstitutional on the basis of racial discrimination because of its favoring of Native families […]
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