Full Brackeen Indian Child Welfare Act oral arguments
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Oral arguments in Haaland v. Brackeen, a U.S. Supreme Court case that will decide whether the Indian Child Welfare Act (ICWA) of 1978 is constitutional and/or will be altered in any way, were heard yesterday. Books will likely be written about this law and the case — and their impact on tribal sovereignty — and we’ll be featuring much more about the issues at stake in days to come.
For those so inclined, take a listen to the 3-hour oral arguments, which are online here. Transcript here.
Of note: Not a single lawyer arguing the case in court yesterday was Indigenous, although Natives with Jenner & Block and the Native American Rights Fund did help prep for the case. A Native has never served on the U.S. Supreme Court, and the high court usually decides several cases each term that impact tribes and Indigenous citizens.
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Was it a decision of the Supreme Court Group (or whatever it is called) not to have an American Indian or Alaska Native argue any part of the case?
What would be the motive to not have someone that looks like the intended beneficiaries of the law arguing the case?
Anyone talking?