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Decision strikes key parts of Native American adoptions law
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Tribal Nation Leaders Address Child Welfare Act After Court Rules Parts Are Unconstitutional
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By Susan Montoya Bryan, Associated Press
New Mexico health officials on Wednesday reported more progress in getting residents vaccinated as the state continues to lead the U.S. in the vaccine rollout.
State Health Secretary Dr. Tracie Collins said 50% of residents 16 and older have received their first shot and 31% are fully vaccinated. The latest figures come as other states look to expand distribution beyond health care workers and other priority groups to meet an April 19 deadline from the Biden administration.
While New Mexico opened up eligibility Monday, Collins said priority will still be given to those who are 75 and older and other senior citizens who have chronic conditions that put them at greater risk.
• Jan 22, 2020
A full panel of judges in the Fifth Circuit Court of Appeals will decide if the Indian Child Welfare Act is based on race or politics.
The court heard oral arguments on Wednesday, Jan. 22, in New Orleans.
In 2018 a Texas lower court found the act known as ICWA to be unconstitutionally race-based. A three-judge panel overturned that finding, but not unanimously.
Now all of the appeals judges in the Fifth Circuit will consider the issue.
SDPB s Victoria Wicks has this report.
To hear audio of oral arguments in their entirety, click on this link: Made possible by your generous gifts. And by the Friends of South Dakota Public Broadcasting.
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Fractured 5th Circ. Keeps And Strikes Portions Of ICWA
Law360 (April 7, 2021, 8:27 PM EDT) The full Fifth Circuit in an intricately divided opinion has upheld and overturned parts a Texas federal judge s decision that the Indian Child Welfare Act is unconstitutional, while also ruling that the federal government had the authority to enact the law to protect Native American families.
The en banc court s 325-page Tuesday opinion on the 1978 ICWA featured two principal opinions by Judge James L. Dennis and Judge Stuart Kyle Duncan that each gained majority support for certain holdings, while other elements of the lower court s 2018 ruling were left in place after the 16-member court equally on those points..
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