Non-Indians think they know better than Indians what is best for Native American children, said lawyers for the Navajo Nation in arguments before a federal appeals court.
It’s a bold argument, but goes to the heart of the case in Brackeen v. Bernhardt. Under the Indian Child Welfare Act, Indian tribes have priority over non-Indians in Native American adoptions.
Last year in Texas, a trial judge struck down the Act. Now the tribes are defending ICWA in the U.S. Fifth Circuit Court of Appeals.
Read the full article at the FindLaw.com website.
Read related coverage at:
- AUDIO: 5th Circuit Court of Appeals oral arguments in Brackeen v. Zinke. Indianz.com (3/13/2019)
- ‘They are not your children’: Future of Indian Child Welfare Act in hands of appeals court. Indianz.com (3/14/2019)
- Indian Country asks appeals court to protect #NativeChildren in critical case. Indianz.com (3/13/2019)
- Fifth Circuit Takes Up Indian Child Welfare Act Adoption Law. Courthouse News Service (3/13/2019)
- Indian Child Welfare Act supporters: Law needed to ‘rectify those past wrongs’. Chicago Sun Times (3/13/2019)
- Appeals court hears Texas case challenging Indian Child Welfare Act; Judge says ‘They are not your children … they are the children of the tribes.’ Indian Country Today (3/13/2019)
- Court case centers on fostered Native American children. Texarkana Gazette (widely distributed AP article) (3/13/2019)
- Federal Court of Appeals to Hear Oral Arguments Today in ICWA Challenge. Alaska Native News (3/13/2019)
- Paxton targets U.S. law limiting adoptions of Indian children. Austin Statesman (3/15/2019) – requires log-in
- Indian Child Welfare Act Case Heads to Appeals Court. Arizona Public Media (3/12/2019)
- Notes from the Chief: Sovereign rights at stake in ICWA case. The Claremore Daily Progress (3/12/2019)
- DCFS secretary: Against expert advice, Landry picks fight on Native Americans adoption law. The Advocate (3/11/2019)
- Appeals court schedules lengthy hearing in Indian Child Welfare Act case. Indianz.com (3/11/2019)