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Fifth Circuit Court of Appeals: Brackeen v Haaland

Fifth Circuit Court of Appeals: Brackeen v. Haaland Wednesday, April 7, 2021 Indianz.Com The decision in Brackeen v. Bernhardt, is extremely lengthy. Counting the court’s At issue is the legality of ICWA, which Congress passed in 1978 to address the large numbers of Indian children that were being taken from their homes and placed outside of their communities. In short, some parts of the law have been upheld while other parts, along with regulations implemented by the Bureau of Indian Affairs, have been deemed in violation of the “anticommandeering” doctrine of the U.S. Constitution. The decision was released later in the afternoon on Tuesday. It comes more than 14 months after the case was reargued before the 5th Circuit in January 2020.

Partial Victory on Racial Discrimination in the Indian Child Welfare Act

Partial Victory on Racial Discrimination in the Indian Child Welfare Act SHARE In a long (300+ pages!) and divided opinion, the Fifth Circuit Court of Appeals late Tuesday upheld a federal district court ruling that found the Indian Child Welfare Act (ICWA) unconstitutional on a variety of legal grounds. Although the court also overturned important parts of the trial court’s decision, the ruling signals a major victory for Native American children who are denied crucial legal protections thanks to ICWA. We filed several briefs in support of the plaintiffs in the case. Passed in 1978, ICWA was intended to redress wrongful actions by state and federal agencies that often took Native children away from their families without good reason. But despite these good intentions, ICWA today often stands in the way of Native parents and of state child welfare agencies that are trying to protect Native kids from abuse and neglect. And because ICWA applies to “Indian children” which

Decision strikes key parts of Native American adoptions law

Decision strikes key parts of Native American adoptions law
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