How a Right-Wing Attack on Protections for Native American Children Could Upend Indian Law

A LAW KEY  to preventing state welfare agencies from separating Indigenous children from their families is at risk of being overturned thanks to the yearslong effort of a network of libertarian and right-wing organizations. In the 1970s, between a quarter and a third of Indigenous children across the United States had been removed from their … Read more

US Supreme Court Denies Review of Arizona Child Welfare Case

The U.S. Supreme Court has denied review of an Arizona case challenging a law that gives preference to American Indians in adoptions of Native children.The order last week leaves in place a lower court ruling that dismissed a complaint from a Phoenix-based, right-leaning think tank. Read the full article at the Navajo-Hopi Observer. Read related … Read more

Appeals court won’t rule on challenge to Indian Child Welfare Act

A federal appeals court has turned away a closely-watched conservative challenge to the Indian Child Welfare Act.The Goldwater Institute sued the federal government and the state of Arizona, arguing that ICWA is racist because it only applies to “Indian” children. But the 9th Circuit Court of Appeals declined to rule on the merits of the claim because a panel of … Read more

New Indian Child Welfare Act Challenges On The Horizon

Two types of challenges to the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq., now feature prominently: equal protection challenges and challenges based on the “intrafamily dispute” exception to ICWA. A petition for a writ of certiorari to decide both issues is currently pending in one such case: S.S. v. Stephanie H. … Read more

Supreme Court Turns Away Another Conservative Attack on Indian Child Welfare Act

Without comment, the justices on Tuesday denied a petition in Renteria v. Superior Court of California, Tulare County. The move, which came in an order list, ends a lawsuit which claimed ICWA was based on “race” and should be declared unconstitutional. Read the full article at the Indianz website.

A.D. v. Washburn, March 16, 2017 (U.S. Dis. Court, Arizona)

Legal Topics: Indian Child Welfare Act – Unconstitutional Related News Stories: Indian Child Welfare Act survives attack from conservative groups (Indianz) 3/21/17 (Turtle Talk material), ICWA: Goldwater case thrown out of federal court (Indian Country Today) 3/21/17 Read the full decision at the National Indian Law Library website.  

 A Right-Wing Think Tank Is Trying to Bring Down the Indian Child Welfare Act. Why?

Cloaking its efforts in the language of civil rights, Goldwater has launched a coordinated attack against ICWA alongside evangelical and anti-Indian-sovereignty groups, adoption advocates, and conservative organizations like the Cato Institute. Since 2015, Goldwater has litigated four state or federal cases against ICWA, and filed several briefs in support of other cases. Goldwater’s stated goal … Read more

Court rejects challenge to law safeguarding Native children and families

March 17 – Yesterday, the federal District Court for the District of Arizona dismissed A.D. v. Washburn, a case brought by the Goldwater Institute challenging the Indian Child Welfare Act’s (ICWA) application to Native children in the Arizona foster care system. This case was an attempt by a special interest group to dismantle the law … Read more

Gila River Indian Community Weighs Options After Losing Indian Child Welfare Act Case

Although the proceeding only involved one child, it’s being closely watched because the non-Indian foster couple is being represented by the Goldwater Institute. The conservative-leaning organization, which is based in Arizona, has launched a public relations and legal campaign aimed at undermining and even invalidating the landmark Indian Child Welfare Act. Read the full article … Read more

Opinion: The Blood-Stained Indian Child Welfare Act

By treating children, however attenuated or imaginary their Indian ancestry, as little trophies for tribal power, the ICWA discourages adoptions by parents who see only children, not pawns of identity politics. The Goldwater Institute hopes to establish the right of Indian children to be treated as all other children are, rather than as subordinate to … Read more

Expose the Lies Told About ICWA

The announcement of A.D., et al. v. Washburn by the conservative group known as the Goldwater Institute comes with a bitter deja vu of “haven’t we heard this before?” I’ve got a few things that I can say are wrong with the pleadings filed by Goldwater on behalf of minor American Indian children, “next friend,” and … Read more