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Wednesday, August 8, 2018

Judge upholds Indian Child Welfare Act #ICWA

Arizona, PHOENIX -- A court has thrown out a bid to void a federal law that challengers claim is racist because it places the desires and rights of Native American tribes over the constitutionally protected best interests of children.
In a unanimous ruling Monday, the 9th Circuit Court of Appeals did not address the contention of the Goldwater Institute, representing Arizona couples adopting Native children, that the law is unfair and illegal.
Instead, the three-judge panel pointed out that all the adoptions had gone through since the lawsuit was first filed in 2015. As such, they concluded, none of the plaintiffs had been harmed and there was nothing left on which the court could rule.
Monday's ruling drew a slap from attorney Timothy Sandefur.
Because Wake threw the case out on the grounds there was no basis for a lawsuit, at least not yet, he never addressed the question of whether the federal law amounts to illegal racism.

Source: Judge upholds Indian Child Welfare Act | Local | azdailysun.com

Ed. Note: This is far from over... Taking Native children from their tribes is still going on...

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Why tribes do not recommend the DNA swab

Rebecca Tallbear entitled: “DNA, Blood, and Racializing the Tribe”, bearing out what I only inferred:

Detailed discussion of the Bering Strait theory and other scientific theories about the population of the modern-day Americas is beyond the scope of this essay. However, it should be noted that Indian people have expressed suspicion that DNA analysis is a tool that scientists will use to support theories about the origins of tribal people that contradict tribal oral histories and origin stories. Perhaps more important,the alternative origin stories of scientists are seen as intending to weaken tribal land and other legal claims (and even diminish a history of colonialism?) that are supported in U.S. federal and tribal law. As genetic evidence has already been used to resolve land conflicts in Asian and Eastern European countries, this is not an unfounded fear.

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