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Closely divided court scrutinizes various provisions of Indian Child Welfare Act


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ARGUMENT ANALYSIS

Closely divided court scrutinizes various provisions of Indian Child Welfare Act

By Amy Howe
on Nov 9, 2022 at 6:02 pm

The Supreme Court appeared divided on Wednesday over the constitutionality of a 1978 law that regulates the adoption of Native American children. After more than three hours of oral argument, several justices expressed doubt about specific provisions of the wide-ranging law, even if they did not appear inclined to strike down the law in its entirety.

Congress enacted the Indian Child Welfare Act as a response to a long and tragic history of separating Native American children from their families. The law establishes minimum standards for the removal of Native American children from their families and establishes a preference that when Native American children are taken from their homes, they be placed with extended family members or with other Native families, even if the families are not relatives. Opponents of the law say it exceeds Congress’ power, violates states’ rights, and imposes unconstitutional race-based classifications.

. Congress enacted the Indian Child Welfare Act as a response to a long and tragic history of separating Native American children from their families. :snip:   

https://www.scotusblog.com/2022/11/closely-divided-court-scrutinizes-various-provisions-of-indian-child-welfare-act/

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@Draggingtree

1. Thanks for covering this. We can't cover/pay attention to Everything.

2

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For Justice Brett Kavanaugh, however, it was a harder question. He described ICWA as “difficult” because the court has to find the “fine line” between two competing principles: respect for tribal self-government, recognizing the long history of oppression of Native Americans; and, on the other hand, the general principle that people should not be treated differently based on their race or ancestry. Where, Kavanaugh asked Stone, do we draw the line?

IMO He Nails it.

Also how long will tribal self-government stay in effect? Strikes me as a hold over from the 18th-19th century. (as always I..could..be..wrong)

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2 hours ago, Geee said:

Thanks @Draggingtree I was following a few articles about this weeks ago, but for got about it. Their have been similar cases with African American children, but this is kind of different. As @Valinsaid. Tough call.

Seems to me, as along as the kids  are feed clothed &  Loved I don't see what the problem is.

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16 hours ago, Valin said:

Seems to me, as along as the kids  are feed clothed &  Loved I don't see what the problem is.

 

16 hours ago, Valin said:

Seems to me, as along as the kids  are feed clothed &  Loved I don't see what the problem is.

Thus, the law needs a second look, as do the division of tribal vs US laws.

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28 minutes ago, Geee said:

 

Thus, the law needs a second look, as do the division of tribal vs US laws.

Might Be (IMO IS) time for the whole Reservation system to Go Away. OTOH it pleases me there are places where States Cannot Tax People, Businesses.

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Draggingtree

I really don't know where I stand on this only to say One Nation under God ( you can finish the rest )then their the states right side of me.

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