“Adoptive Couple v. Baby Girl:” Two-and-a-Half Ways To Destroy Indian Law (Michigan Law Review)

The constitutionality of ICWA is based on two propositions: First, these special laws for Indians are not race based. And second, Congress has the authority to issue special laws with regard to Indian people and tribes. If the Baby Girl Court rejected either of these positions, not only would ICWA be unconstitutional, most of Indian law would fall as well.

Read the full article by Marcia Zug at the Michigan Law Review website.