overturning the indian Child Welfare Act

1. The Vital News
NATIVE SOVEREIGNTY on Trial,
Supreme Court could overturn Indian Child
Welfare Act of 1978
Tuesday 5/09/2022 Newsletter Edition 12:

2. What’s going on
Monday 01/02/2020 Newsletter Edition: 001
The Indian Child Welfare Act (ICWA) is a federal law that seeks to keep
Indian children with Indian families. Passed in 1978 in response to the high
number of Indian children that were being removed from their families by
public and private agencies and placed in non-Indian families.
Brackeen v
Haaland
Supreme Court will
decide on the
constitutionality of
The Indian Child
Welfare Act(ICWA)
in fall 2022

3. Haaland v Brackeen
consolidated with
Monday 01/02/2020 Newsletter Edition: 001
Brackeen v. Haaland
Cherokee Nation
v. Brackeen
Texas v. Haaland
The Brackeen(plaintiff) Texas couple argued ICWAviolates equal protection
and substantive due processes provisions of the Fifth Amendment and anti-commandeering
doctrine of the Tenth Amendment; seeking to overturn ICWA by claiming reverse racism

4. INTEREST GROUP behind the case
Monday 01/02/2020 Newsletter Edition: 001
Right-wing agenda driven:
● all Indian children are US citizens; entitled to equal
protection law
● allowing tribes to block adoption is harmful
● ICWA-deprives critical constitution protection
Goldwater Institute
Who’s responsible
Based in Arizona, Goldwater Institute pushes
ALEX’s policies. In 2012 supported effort to
reduce minimum wage

5. Why should we care
Overturning The Indian Child Welfare Act(ICWA)will
set a legal precedence that removes federal protection
of Native children adoption. Moreover become the
catalyst to diminishing other Federal Indian law-first
domino to fall

6. Overturn; the impact
ould we care
Monday 01/02/2020 Newsletter Edition: 001
Native Children
displacement
Loss of culture;heritage
01
Tribal sovereignty
Reduces federal
02
Children
displacement
Foster care system
03
Domino effect
The win will mobilize
attract on other laws
04
cultural genocide
If No laws to protect tribes
05

7. Relevant history
Monday 01/02/2020 Newsletter Edition: 001
5-4 majority
Supreme Court
ruled absent
father cannot
invoke ICWA
2013
Adoptive
Couple v.
Baby Girl
American
Association of
Adoption
Attorney filed 6
federal lawsuit
against ICWA
2015
December
Donald Trump
appoints first of
43 judges; more
appeals court
judges than any
other president
2017
May
Judge O’Connor
issued ICWA
violated equal
protection
2018
November

8. Monday 01/02/2020 Newsletter Edition: 001
Media
Advocate by liking and
share our work via social
media to increase
awareness.
Join
Become a member of
network of people working
in American Indian/Alaska
Native child welfare issues.
Gift
Give a gift today and
support critical services to
tribal communities and
Native families
Take action
https://www.nicwa.org/get-involved/

9. What’s going on
Monday 01/02/2020 Newsletter Edition: 001
The Indian Child Welfare Act (ICWA) is a federal law that seeks to keep
Indian children with Indian families. Passed in 1978 in response to the high
number of Indian children that were being removed from their families by
public and private agencies and placed in non-Indian families.
Brackeen v
Haaland
Supreme Court will
decide on the
constitutionality of
The Indian Child
Welfare Act(ICWA)
in fall 2022

10. Haaland v Brackeen
consolidated with
Monday 01/02/2020 Newsletter Edition: 001
Brackeen v. Haaland
Cherokee Nation
v. Brackeen
Texas v. Haaland
The Brackeen(plaintiff) Texas couple argued ICWAviolates equal protection
and substantive due processes provisions of the Fifth Amendment and anti-commandeering
doctrine of the Tenth Amendment; seeking to overturn ICWA by claiming reverse racism

11. INTEREST GROUP behind the case
Monday 01/02/2020 Newsletter Edition: 001
Right-wing agenda driven:
● all Indian children are US citizens; entitled to equal
protection law
● allowing tribes to block adoption is harmful
● ICWA-deprives critical constitution protection
Goldwater Institute
Who’s responsible
Based in Arizona, Goldwater Institute pushes
ALEX’s policies. In 2012 supported effort to
reduce minimum wage

12. Why should we care
Overturning The Indian Child Welfare Act(ICWA)will
set a legal precedence that removes federal protection
of Native children adoption. Moreover become the
catalyst to diminishing other Federal Indian law-first
domino to fall

13. Overturn; the impact
ould we care
Monday 01/02/2020 Newsletter Edition: 001
Native Children
displacement
Loss of culture;heritage
01
Tribal sovereignty
Reduces federal
02
Children
displacement
Foster care system
03
Domino effect
The win will mobilize
attract on other laws
04
cultural genocide
If No laws to protect tribes
05

14. Relevant history
Monday 01/02/2020 Newsletter Edition: 001
5-4 majority
Supreme Court
ruled absent
father cannot
invoke ICWA
2013
Adoptive
Couple v.
Baby Girl
American
Association of
Adoption
Attorney filed 6
federal lawsuit
against ICWA
2015
December
Donald Trump
appoints first of
43 judges; more
appeals court
judges than any
other president
2017
May
Judge O’Connor
issued ICWA
violated equal
protection
2018
November

15. Monday 01/02/2020 Newsletter Edition: 001
Media
Advocate by liking and
share our work via social
media to increase
awareness.
Join
Become a member of
network of people working
in American Indian/Alaska
Native child welfare issues.
Gift
Give a gift today and
support critical services to
tribal communities and
Native families
Take action
https://www.nicwa.org/get-involved/