News & Analysis as of

Haaland v Brackeen

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

Schwabe, Williamson & Wyatt PC

District Court Rules SBA Presumption of Social Disadvantage Is Unconstitutional

On Thursday, July 20, 2023, the United States District Court for the Eastern District of Tennessee issued an order in Ultima Servs. Corp. v. U.S. Dept. of Agric., 2:20-CV-00041, finding that the rebuttable presumption (legal...more

WilmerHale

Supreme Court Miniseries: Tribal Rights in the 21st Century

WilmerHale on

In the Public Interest is pleased to continue our miniseries examining notable decisions recently issued by the United States Supreme Court. Our second episode welcomes WilmerHale Partner Daniel Volchok, who focuses his...more

ArentFox Schiff

Supreme Court 2023 Highlights – Administrative and Environmental Law

ArentFox Schiff on

This US Supreme Court’s administrative and environmental decisions were somewhat predictable for much of the 2022-2023 term. And then they weren’t – the final weeks of the term especially featured some high-drama decisions....more

ArentFox Schiff

SCOTUS Update: Administrative Law Takeaways from Biden v. Nebraska

ArentFox Schiff on

Last week, the US Supreme Court ruled that the Biden Administration’s efforts to cancel $430 billion in student loan balances was legally unsupportable. Forty-three million Americans will remember Biden v. Nebraska when...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

Bricker Graydon LLP

Connecting Dots

Bricker Graydon LLP on

This is a story that connects some dots we might well imagine have no connection:  a 19th century murder, a 21st century adoption, Native tribal sovereignty, Supreme Court Justices past and present,  and a law firm where we...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

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