Supreme Court oral arguments…with Matthew Fletcher (Grand Traverse Band of Ottawa and Chippewa Indians), law professor at the University of Michigan Law School and author of the Turtle Talk blog independent journalist Suzette Brewer (citizen of the Cherokee Nation) and Dr. Novem– The fate of ICWA: The legal debate from a Native perspective following the U.S. Ma– Behind the legal arguments for ICWA: P erspectives of ICWA from those who have lived it with Adriann Ricker (enrolled member of the Fort Peck Assiniboine and Sioux Tribes), research associate at Johns Hopkins School for Nursing Mary Annette Pember (Red Cliff Ojibwe), national correspondent for ICT and Julia Lurie, journalist at Mother Jones. You can reference recent Native America Calling shows for context on the Brackeen v Haaland Supreme Court Case: Rebecca Nagle’s This Land podcast and NDN Collective talks with Rebecca Nagle about Brackeen v. Turtle Talk Blog’s Brackeen v Haaland resources The Native American Rights Fund ( NARF’s history of ICWA) The Goldwater Institute, a high profile opponent of ICWA for decades and a major backer of the most recent challenge, called the decision “shameful,” and believes the court at least “left open the door to future lawsuits challenging the race-based injustices caused by ICWA.” Goldwater and other challengers to ICWA insist the law gives unlawful preference to a racial class of citizens, an argument the Supreme Court again re-affirms as baseless.
The National Indian Health Board says “this victory comes after Indian Country joined together to support ICWA in a historically strong showing of unity.” The positive impact of today’s decision will be felt across generations.” The National Congress of American Indians says, ” ICWA is crucial for the safety and well-being of Native children and families and the future of Native peoples and Tribal Nations. The Native American Rights Fund issued a statement saying they are still reviewing the details of the decision but that they are “overcome with joy that the Supreme Court has upheld the Indian Child Welfare Act, which is widely regarded as the gold standard of child welfare.” In the majority opinion, Justice Amy Coney Barrett wrote “we reject all of petitioners’ challenges to the statute.” With a 7-2 vote, the High Court overturns the Fifth Circuit Court of Appeals ruling that deemed some aspects of ICWA unconstitutional. Supreme Court rejected what many legal observers considered the most serious challenge to the Indian Child Welfare Act in the law’s 45-year history.
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