Was it a victory?
Read my friend Peter (law professor) on Substack.
a blog for and by American Indian and First Nations adoptees who are called a STOLEN GENERATION #WhoTellsTheStoryMatters #WhyICWAMatters
Read my friend Peter (law professor) on Substack.
The Indian Child Welfare Act lawsuit filed in Rapid City's federal court
almost five years ago is going to the Eighth Circuit Court of Appeals. A
three-judge panel is hearing oral arguments in St. Paul, Minn., on
Tuesday, Feb. 12.This is a big win for ICWA and the legal advocates who worked on this case at the state, federal, and tribal levels.
The legal questions Plaintiffs wish to adjudicate here in advance of injury to themselves will be automatically remediable for anyone actually injured. The very allegations of wrongfulness are that such injuries will arise in state court child custody proceedings, directly in the court processes or in actions taken by state officers under the control and direction of judges in those proceedings. Any true injury to any child or interested adult can be addressed in the state court proceeding itself, based on actual facts before the court, not on hypothetical concerns. If any Plaintiffs encounter future real harm in their own proceedings, the judge in their own case can discern the rules of decision. They do not have standing to have this Court pre-adjudicate for state court judges how to rule on facts that may arise and that may be governed by statutes or guidelines that this Court may think invalid.Here is the joint press release from the ICWA Defense Project.
The National Indian Child Welfare Association (NICWA), the Native American Rights Fund (NARF), the National Congress of American Indians (NCAI), and the ICWA Appellate Project at Michigan State University College of Law—collectively known as the ICWA Defense Project—are working collaboratively to defend ICWA and the long overdue reforms to it introduced this year. This memo will summarize the pending litigation and describe some of the legal and communications strategies these partner organizations have developed to inform, advance, and unify a coordinated effort across Indian Country to respond to these attacks.Here is a link to the page where we are keeping all of the PACER documents.
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| A little girl named Veronica is our inspiration to keep ICWA intact...Trace |
An Interior spokeswoman said Congress has determined it “is in the best interests of an Indian child to keep that child…with the child’s parents,” extended family and tribal community.
Kathryn Fort, a lawyer with the Indigenous Law and Policy Center at Michigan State University, defends the law and the guidelines. Ms. Fort said that before the law was passed, social workers would argue that it was in the “best interests” of an Indian child to be permanently removed from a house that was merely messy or lacked the most modern conveniences. “It’s really a way of allowing—and perpetuating—discrimination against Indians,” she said.
Supporters of the law say the adoption delays often required are part of its point. The law “demands excellence in how we treat Indian children,” said Matthew Newman, a staff attorney for the Native American Rights Fund. “That often requires a bit of time.”
My biological father and I meeting for the first time...Your History Class Was a F*cking Lie by Sean Sherman (Or: How the American Educational System Has Always Been a Racist Propaganda Program...
We conclude this series & continue the conversation by naming that adoption is genocide. This naming refers to the process of genocide that breaks kinship ties through adoption & other forms of family separation & policing 🧵#NAAM2022 #AdoptionIsTraumaAND #AdopteeTwitter #FFY 1/6 pic.twitter.com/46v0mWISZ1
— Adoptee Futures CIC (@AdopteeFutures) November 29, 2022