Supreme Court considers fate of landmark Indian adoption law

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In a case steeped in American history the court will decide whether the Indian Child Welfare Act — aimed at preventing Native American children from being separated from their tribes — is tribal protection or racial classification.

The U.S. Supreme Court is hearing Wednesday a challenge from Texas and several families who have adopted Native American children who are challenging the Indian Child Welfare Act.

homes, sometimes by force. These agencies then placed the children in institutions or with families that had no tribal connections. ICWA established minimum federal standards for removing native children from their families and required state courts to notify tribes when an Indian child is removed from his or her home outside of a reservation. It also implemented a framework for foster and adoption placements that is at issue in this case.

"It's heartbreaking to us that there are laws out here that say it's better for her to live in a tribal home, any tribal home ... before she is allowed to stay in our home with her brother," adds Chad Brackeen, a civil engineer who stays home with the children. The Biden administration, like past administrations of both political parties, is defending the law. Citing a string of precedents dating back to the early days of the republic, the government says that ICWA draws classifications based not on race but on connections to tribal groups. And under the Constitution, those tribal groups are separate sovereign nations, essentially a political group.

 

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1978 Native child welfare law faces major Supreme Court challengeThe U.S. Supreme Court is set to hear arguments Wednesday on the most significant challenge to a law that gives preference to Native American families in foster care and adoption proceedings of Native children.
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Supreme Court considers fate of landmark Indian adoption lawThe Supreme Court is hearing a case challenging the Indian Child Welfare Act — a law that gives preference in the adoption process to kids' own extended families and tribes to keep them from being separated. Too bad the taliban run Supreme Court only pretend to care about “kids” before they are born The Supreme Court needs to cool its heels, taking away clean water, bodily autonomy & the protections for native children…wtf I was taken from my tribe before this law and have a wonderful adopted family but still….. this is just WRONG
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In Arizona, small tribe watches warily as Supreme Court takes up Native adoption lawThis week, the Supreme Court will consider whether to gut the Indian Child Welfare Act, which prioritizes placing Native foster children with Native relatives. You should call it the Native American act. Because people from India might think that is more them also. I was in George Washingtons Mount veron. I couldn't believe the tour guides no mention of native Americans.
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