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Nevilledog

(51,029 posts)
Mon Feb 28, 2022, 12:30 PM Feb 2022

SCOTUS might be gunning to upend Native rights in the US



Tweet text:

Melissa Murray
@ProfMMurray
This grant is a BIG deal--will call into question a major piece of legislation, the Indian Child Welfare Act, which vests tribes with jurisdiction for child welfare proceedings involving Native children.

SCOTUS expressed skepticism of ICWA before... this could be the final nail

Rebecca Nagle
@rebeccanagle
#SCOTUS has granted CERT in the Brackeen case—a lawsuit that could overturn a 40 year old law created to stop family separation in Native communities and upend the legal structure defending Native rights in the US.

https://supremecourt.gov/orders/courtorders/022822zor_o759.pdf
9:24 AM · Feb 28, 2022
6 replies = new reply since forum marked as read
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SCOTUS might be gunning to upend Native rights in the US (Original Post) Nevilledog Feb 2022 OP
SCOTUS has been gunning for the ICWA for awhile ripcord Feb 2022 #1
how these cases get picked is a much bigger deal than we know. mopinko Feb 2022 #2
who ever wants mineral rights to the land? nt WhiteTara Feb 2022 #3
seems an obscure path to take. mopinko Feb 2022 #4
would that leave just WhiteTara Feb 2022 #6
I have zero faith in the trump supreme court. spanone Feb 2022 #5

ripcord

(5,278 posts)
1. SCOTUS has been gunning for the ICWA for awhile
Mon Feb 28, 2022, 12:37 PM
Feb 2022

And with good reason

Take the case of young Antonio Renova. Montana officials knew his family was beating him, so they put him in foster care in 2014. He lived with that family for nearly five years and had he been of non-Indian ancestry, they could have adopted him. But he was a Crow Indian—so when his foster parents expressed an interest in adopting him, state and tribal officials instead sent him back to his birth parents. Months later, they beat him to death.

Or consider the case of 5-year-old Declan Stewart. Oklahoma child protection officers knew he was being beaten by his mother’s boyfriend. Had he not been Indian, they could have found him a safe home to live in. But because he was Cherokee, they were forced to return him to his mother’s custody. And in 2007, her boyfriend raped and murdered him.

Laurynn Whiteshield was only 3 when she died. She and her sister Michaela were raised by a foster family—until the foster parents expressed an interest in adopting them. But their ancestry was Spirit Lake, so officials from that tribe instead placed them on the reservation, in the care of their grandfather. A month later, his wife murdered Laurynn, and Michaela was returned to foster care.


https://www.discoursemagazine.com/politics/2021/10/26/the-most-unconstitutional-law-in-america/

mopinko

(70,023 posts)
2. how these cases get picked is a much bigger deal than we know.
Mon Feb 28, 2022, 12:39 PM
Feb 2022

one big way the judicial system is corrupted is the way cases and plaintiffs get selected.
have a friend who managed the office of a huge product liability firm, defeating class action suits. a big part of what they did was find weak plaintiffs, and made sure those cases were heard first, tarnishing the whole class.

likewise the use of asian students to attack affirmative action.
and the whole ginny thomas=>scotus pipeline.
whose interests could possibly be behind putting this case forward?

WhiteTara

(29,692 posts)
6. would that leave just
Mon Feb 28, 2022, 01:51 PM
Feb 2022

racism and subjugation?

Very black and white. I'm sure there are many shades of gray.

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