The Uncertain Future of the Indian Child Welfare Act
Strict Scrutiny · Strict Scrutiny
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Show Notes
Rebecca Nagle, host of Crooked Media's This Land, joins Melissa, Leah, and Kate to recap the arguments in Haaland v. Brackeen. The case revolves around the Indian Child Welfare Act, which lays out a set of preferences for where Native American children can be placed for foster care and adoption. The challengers, white foster parents trying to adopt Native American children, are claiming a violation of the Equal Protection Clause of the 14th Amendment. But as Rebecca explains, tribal sovereignty isn't racial-- it's political.
Plus, we take a look at the midterm outcomes and what they mean for the courts.
- Listen to Season 2 of This Land, all about the back story of Haaland v. Brackeen.
- Read Rebecca Nagle's piece in The Atlantic, "The Supreme Court Case That Could Break Native Sovereignty."
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