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Constitutional Challenges Supreme Court of the United States Child Custody

Schwabe, Williamson & Wyatt PC

New Challenges to the Indian Child Welfare Act Could Mark A Turning ‎Point for Federal Indian Legislation

Last Spring, the United States Supreme Court reaffirmed the constitutionality of the Indian Child Welfare Act (“ICWA”) with a 7-2 decision in Brackeen v. Haaland. The majority opinion in that case, written by Justice Barrett,...more

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

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

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