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Topic exploration post: ICWA

by Amanda Ross on 2023-06-15T12:11:00-05:00 | 0 Comments

By a 7-to-2 vote, the court upheld the law's preferences for Native tribes when Indian children are adopted, ruling that the law does not discriminate on the basis of race and does not impermissibly impose a federal mandate on traditionally state-regulated areas of power.

ICWA has stood as a landmark law since it was enacted over 45 years ago after a congressional investigation found that over one-third of all Native children had been removed from their tribal homes and placed with non-Indian families and institutions with no ties to the tribes.

The court rejects all of the challenges to the Indian Child Welfare Act, "some on the merits and others for lack of standing," Justice Amy Coney Barrett wrote in her majority opinion. Justices Clarence Thomas and Samuel Alito dissented.

From NPR 

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A generation removed : the fostering and adoption of indigenous children in the postwar world  Indian orphanages  Everything you wanted to know about Indians but were afraid to ask  The great vanishing act : blood quantum and the future of native nations  Intimate integration : a history of the Sixties Scoop and the colonization of Indigenous kinship

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