Native Americans,
Constitutional Law
Oct. 16, 2018
What the ICWA ruling got wrong
The Northern District of Texas made several mistakes in its recent ruling holding that the Indian Child Welfare Act is unconstitutional.
Keith Harper
Partner
Kilpatrick Townsend & Stockton LLP
Keith is the former U.S. Ambassador and Permanent Representative to the United Nations Human Rights Council and is representing the tribes in the case discussed. He is a citizen of the Cherokee Nation.
Kathryn E. Fort
Michigan State University College of LawKathryn is the director of the school's Indian Law Clinic and is assisting with the representation of the tribes in the case discussed.
The federal court for the Northern District of Texas recently ruled that the Indian Child Welfare Act was unconstitutional. Brackeen et al. v. Zinke, 4:17-CV-00868 (Oct. 4, 2018) [ruling attached below]. The decision is counter to decades of established case law, congressional intent, and the best practices of child welfare law. Four tribes, Cherokee Nation, Oneida Nation, Morongo Band of Mission Indians and Quinault Indian Nation, i...
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