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AkFemDem

(2,508 posts)
Thu Jun 15, 2023, 10:24 AM Jun 2023

The Supreme Court leaves Indian Child Welfare Act intact

Source: NPR

The U.S. Supreme Court has rejected all challenges to the Indian Child Welfare Act, handing a massive win to Native American tribes.

The 7-2 opinions, written by Justice Amy Coney Barrett, left the statute entirely intact. Justices Thomas and Alito dissented.

The case pit several prospective adoptive parents and the state of Texas against the act — a federal law aimed at preventing Native American children from being separated from their extended families and their tribes.

Read more: https://www.npr.org/2023/06/15/1182121455/indian-child-welfare-act-supreme-court-decision

27 replies = new reply since forum marked as read
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The Supreme Court leaves Indian Child Welfare Act intact (Original Post) AkFemDem Jun 2023 OP
Huge win for native Americans and advocates AkFemDem Jun 2023 #1
Thank goodness. mountain grammy Jun 2023 #2
THank heavens. And a big FU to Thomas and Alito (once again) hlthe2b Jun 2023 #3
Any time you see a 7-2 decision, you know who the 2 are without looking. rsdsharp Jun 2023 #21
Texas tried to kidnap native children...yet again...2 fascists agreed with the criminal intent!?? Alexander Of Assyria Jun 2023 #4
So Thomas and Alito were ok with erasing Indigenous cultures? RandySF Jun 2023 #5
Great news. 😍 n/t iluvtennis Jun 2023 #6
fuck Thomas Shellback Squid Jun 2023 #7
fuck Alito too Shellback Squid Jun 2023 #8
US supreme court upholds protections for Native American children cbabe Jun 2023 #9
Whew. 2naSalit Jun 2023 #10
'if the white people will stop kidnapping and killing the women and girls' speak easy Jun 2023 #12
Hell yes ismnotwasm Jun 2023 #11
Does anyone else think the recent fair BlueKota Jun 2023 #13
Exactly what I'm thinking as well - rulings are about damage control Merlot Jun 2023 #14
I am glad they did the right thing too BlueKota Jun 2023 #27
That occurred to me too. ismnotwasm Jun 2023 #18
I think you hit the nail moniss Jun 2023 #23
Justices Thomas and Alito hate America and Americans so much. lark Jun 2023 #15
Good! Bayard Jun 2023 #16
Good republianmushroom Jun 2023 #17
Surprise! Tweedle Dim and Tweedle Dick dissent. Gidney N Cloyd Jun 2023 #19
Whew Wild blueberry Jun 2023 #20
Good news to be sure but moniss Jun 2023 #22
Thomas and Alito dissented. Speaks volumes about their lack of humanity JohnSJ Jun 2023 #24
The Supreme Court defied predictions and upheld the Indian Child Welfare Act LetMyPeopleVote Jun 2023 #25
I've seen the suffering of people who were kidnapped as children Warpy Jun 2023 #26
 

AkFemDem

(2,508 posts)
1. Huge win for native Americans and advocates
Thu Jun 15, 2023, 10:26 AM
Jun 2023

Preserves tribal rights and protects from forced adoption outside of native community.

Of course Thomas and Alito dissent. Because Thomas and Alito.

 

Alexander Of Assyria

(7,839 posts)
4. Texas tried to kidnap native children...yet again...2 fascists agreed with the criminal intent!??
Thu Jun 15, 2023, 10:27 AM
Jun 2023

Colonial mentality keeps raising its monstrous head, America is its current home.

Thomas and Alito again confirmed… they are Nazis.p, Thomas again confirmed he hates the color of his skin.

Nazis…never…ever ever a friend, black or white, or Asov.

cbabe

(6,812 posts)
9. US supreme court upholds protections for Native American children
Thu Jun 15, 2023, 10:44 AM
Jun 2023
https://www.theguardian.com/law/2023/jun/15/supreme-court-american-indian-child-welfare-act-civil-rights-

US supreme court upholds protections for Native American children

Children can continue to be protected under law preventing removal of kids from their families for fostering or adoption

Ed Pilkington in New York
@edpilkington
Thu 15 Jun 2023 10.08 EDT



About 486 tribes and 59 regional tribal organizations filed supporting briefs to the Supreme Court arguing that the ICWA should be upheld. They argued that the legislation was in the best interests of Native children and that for the purposes of this law, Native Americans should be regarded not as a racial group but as a political class with their own sovereign status.

Groups such as the American Civil Liberties Union (ACLU) warned that overturning the ICWA would put “the very existence of tribes in jeopardy”. Experts warned it could also cast into doubt hundreds of treaties drawn up between US and state governments and sovereign tribal entities.

…more…

(Using children as pawns to force sovereignty issue for massive land, oil, water etc. grab.)

2naSalit

(103,806 posts)
10. Whew.
Thu Jun 15, 2023, 11:13 AM
Jun 2023

Good for the Native Americans, this has been an issue for a long time. Now if the white people will stop kidnapping and killing the women and girls, that would be good too.

speak easy

(12,598 posts)
12. 'if the white people will stop kidnapping and killing the women and girls'
Thu Jun 15, 2023, 11:20 AM
Jun 2023

Killing women and girls is the White Man's manifest destiny

BlueKota

(5,552 posts)
13. Does anyone else think the recent fair
Thu Jun 15, 2023, 11:22 AM
Jun 2023

and decent rulings by four of the six Republicans on the court may be an attempt at image control and to head off further calls for oversight from the Senate? Obviously Alito and Thomas are too far into the septic tank to even be bothered by appearance or potential oversight.

Maybe I am just too much of a skeptical bitch, but I don't believe the majority of current Republicans do anything simply because it's the just and legally correct thing to do.

Merlot

(9,696 posts)
14. Exactly what I'm thinking as well - rulings are about damage control
Thu Jun 15, 2023, 11:34 AM
Jun 2023

Nothing wrong with a little skepticism - especially when dealing with republicans.

Skepticism aside, this is very good news. I was worried about this one.

lark

(26,113 posts)
15. Justices Thomas and Alito hate America and Americans so much.
Thu Jun 15, 2023, 11:38 AM
Jun 2023

They are scarily bad, the worst of the worst. Well, Cannon is probably as bad or worse, but she doesn;t have the clout these 2 do.

Bayard

(30,271 posts)
16. Good!
Thu Jun 15, 2023, 11:58 AM
Jun 2023

The Tribes have already lost enough of their identities without any more help.

Glad to see some good can still come from this Court.

moniss

(9,149 posts)
22. Good news to be sure but
Thu Jun 15, 2023, 01:29 PM
Jun 2023

also important to note that on some of the issues raised, like a discrimination claim, the decision did not reach a conclusion but rather dismissed those based on standing etc. This leaves open the possibility for these quack GQP "Legal Foundations" to come back in with cases concocted in a way as to try to overcome the issues of standing etc. and get another kick at trying to diminish the ICWA by claiming it is impermissibly discriminatory.

Warpy

(114,668 posts)
26. I've seen the suffering of people who were kidnapped as children
Thu Jun 15, 2023, 03:58 PM
Jun 2023

and sent to Indian schools run by well meaning but totally ignorant people who thought they could somehow "whiten" them and put them into the mainstream. Some were adopted into white families as tiny children. Instead of feeling like they could exist in both worlds, they felt they had no place to exist, at all.

Similar efforts hadn't worked on the Irish, I have no clue why anyone thought they'd work on indigenous people.

I have no idea of the machinations behind the scenes that caused everybody but the execrable Alito and Thomas to uphold good law.

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