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Child Custody Constitutional Challenges

Dentons

American Indian Tribal Semi-Sovereign Status and Adoption

Dentons on

American Indian tribes hold an exceptional legal status within the United States. As semi-sovereign entities, tribes have various rights, including enacting legislation, maintaining an independent judiciary, and governing...more

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Haaland v. Brackeen

On June 15, 2023, the U.S. Supreme Court decided Haaland v. Brackeen, No. 21-376, holding that the Indian Child Welfare Act does not violate either Article I of the Constitution or the Tenth Amendment’s anti-commandeering...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

Dorsey & Whitney LLP

The Supreme Court - February 28, 2022

Dorsey & Whitney LLP on

Brackeen v. Haaland, No. 21-380: The Supreme Court granted review in this case (and three other consolidated cases), all of which involve the constitutionality of several provisions of the Indian Child Welfare Act (ICWA)....more

Fox Rothschild LLP

Appellate Grab Bag: En Banc, Appellate Sanctions, And Certiorari

Fox Rothschild LLP on

This week’s batch of opinions from the Court of Appeals had several appellate issues worth a mention. First, the en banc saga comes to a close. As you’ll recall, the Court of Appeals had granted its first ever en banc...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

Obermayer Rebmann Maxwell & Hippel LLP

What Would Bond Do?

Recently Daniel Craig was ridiculed for carrying his weeks-old infant daughter in a papoose tied around his neck. The negative comments, brought about by British Today star Piers Morgan, included the sentiment that by taking...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Strikes Down Indian Child Welfare Act as Unconstitutional

In Brackeen v. Zinke, No. 4:17-cv-868-O (N.D. Tex.), the U.S. District Court for the Northern District of Texas declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (the Final Rule) are...more

Kilpatrick

New Indian Child Welfare Act Challenges On The Horizon

Kilpatrick on

Two types of challenges to the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq., now feature prominently: equal protection challenges and challenges based on the “intrafamily dispute” exception to ICWA. A petition...more

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