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Wednesday, June 21, 2023

Stunning Outcome: ICWA STANDS (podcast)

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06/19/2023

Supreme Court Stunner: The Indian Child Welfare Act Stands

Last week, in a surprising 7-2 decision, the U.S. Supreme Court fully upheld the Indian Child Welfare Act in Brackeen v. Haaland. We break down the full opinion of the court and their various reasons for siding in support of the 1978 law that was passed at a time when nearly a third of indigenous children were separated from their family. 

We are joined for reaction to the Brackeen ruling by three women close to the case:

-Kate Fort of Michigan State University, one of the foremost experts on ICWA in this country, who assisted with the tribes’ preparation for the Supreme Court oral arguments

-Chrissi Ross Nimmo, deputy attorney general for Cherokee Nation, one of the the tribes that officially was party to the case

-Rebecca Nagle, journalist and architect of the podcast This Land, whose second season focused on the Brackeen case.

Guest Interview

Kate Fort is director of clinics at Michigan State University College of Law, including the Indian Law Clinic

Chrissi Ross Nimmo is the deputy attorney general for Cherokee Nation.

Rebecca Nagle is an award-winning journalist and host of the podcast This Land.

Reading Room

Indian Child Welfare Act Stands, Native Families Empowered
https://bit.ly/3PjEV3L

The Imprint’s continuing coverage of Brackeen v. Haaland, 2018-2023
https://bit.ly/3ttyzTy

Opinion in Brackeen v. Haaland
https://bit.ly/3PhDGCa

Imprint Reporting by Nancy Marie Spears
https://imprintnews.org/author/nancy-marie-spears

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As the single largest unregulated industry in the United States, adoption is viewed as a benevolent action that results in the formation of “forever families.”
The truth is that it is a very lucrative business with a known sales pitch. With profits last estimated at over $1.44 billion dollars a year, mothers who consider adoption for their babies need to be very aware that all of this promotion clouds the facts and only though independent research can they get an accurate account of what life might be like for both them and their child after signing the adoption paperwork.

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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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