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The U.S. Supreme Court heard arguments Wednesday from parties appealing Haaland v. Brackeen, the Fifth Circuit Court of Appeals opinion that parts of the Indian Child Welfare Act are unconstitutional.
Four attorneys argued for tribes and the federal government on one side and for states and non-Indian foster parents on the other.
In advance of Wednesday’s arguments, hundreds of organizations, tribes, parents, and other interested parties weighed in by filing “friend of the court” briefs.
Victoria Wicks has more.
The long list of parties submitting friend of the court, or “amicus curiae”, briefs on this case includes 497 tribes and 62 tribal and Indian organizations. They say ICWA protects Native children’s wellbeing and preserves tribal nations.
Another brief comes from Robyn Bradshaw, a registered member of the White Earth Band of the Ojibwe Tribe. She outlined her protracted legal battle in Minnesota to hang onto custody of her granddaughter.
Another brief was written by a group of administrative and Constitutional law professors represented by Dallas attorney David Coale.
Coale said in an interview that there is sincere and compelling emotion on both sides, but the issue comes down to the law: does the U.S. Constitution empower Congress to pass laws such as ICWA to further the United States’ obligation to enforce treaties?
“There have been treaties made with Indian nations requiring certain commitments for taking care of children, the welfare of families. And pursuant to those treaties, Congress has enacted ICWA as something necessary and proper to carrying out the goals of those treaties.”
The other side sees it differently.
The state of Texas and seven individuals argue that ICWA is unconstitutional because it discriminates against non-Indian adoptive or foster parents and allows Congress to commandeer the functions of state courts and agencies to carry out ICWA’s practices.
Supreme Court justices will settle the issue in a future opinion.
Tribal leaders across the country are among those defending the Indian Child Welfare Act.
Leaders of the Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, and Quinault Nation were among those to attend oral arguments at the Supreme Court in Washington, D.C. on Wednesday.
Leaders say the law keeps Native children with Native families.
They’re calling for the protection of ICWA to make sure children are not taken away from tribal communities.
Cherokee Nation Principal Chief Chuck Hoskin Jr. in a statement called ICWA a gold standard.
He says the law has kept Indian Nations whole and Indian children in tribal homes so they can retain their culture and identity.
Redistricting in North Dakota had mixed results for Native candidates in this week’s election.
Newly redrawn boundaries contributed to the ousting of two Native incumbents.
State Sen. Richard Marcellais (Turtle Mountain Band of Chippewa/D-ND) lost his seat in the state senate after seven terms. He’s the former chairman of his tribe, which has a pending legal challenge against the new district boundaries because it split the reservation’s voting power and combined it with non-tribal votes.
State Rep. Ruth Buffalo (MHA Nation/D-ND) also lost her seat. She was the first Native American woman elected to the North Dakota legislature. A change to her district diluted the urban base in Fargo that initially put her in office.
But a newly-created district ushered in the election of Lisa Finley-DeVille (MHA Nation). She was elected in the district that now includes the Fort Berthold reservation.
Democrats will hold just 15 of North Dakota’s 141 legislative seats.
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