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Equal Protection Anti-Commandeering

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Brownstein Hyatt Farber Schreck

A Significant Win for Tribal Sovereignty—ICWA Survives Haaland v. Brackeen

On June 15, 2023, the U.S. Supreme Court handed down a significant victory to supporters of the Indian Child Welfare Act (ICWA) in Haaland v. Brackeen....more

Epstein Becker & Green

Indian Child Custody, Tribal Bankruptcy Coverage, and Criminal Case Venue Occupy Today’s Docket – SCOTUS Today

Epstein Becker & Green on

Indian tribal rights led the Supreme Court’s docket yesterday. In one case, the Court held that the federal Bankruptcy Code abrogated the sovereign immunity of tribal governments. And in another, this time upholding tribal...more

Akin Gump Strauss Hauer & Feld LLP

Fifth Circuit Upholds Indian Child Welfare Act as Constitutional

On Friday, August 9, 2019, in Brackeen v. Bernhardt, No. 18-11479, the U.S. Court of Appeals for the 5th Circuit declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (“the Final Rule”)...more

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