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Expert Analysis

The Next Justice's Impact On The Indian Child Welfare Act

Law360, New York ( August 23, 2016, 5:41 PM EDT) -- Justice Antonin Scalia's death impacts Indian country in dramatic ways. Last term, the most critical tribal court jurisdiction appeal to hit the Supreme Court of the United States in decades was affirmed by a 4-4 tie in favor of tribal jurisdiction. The court declined certiorari in a pair of tribal labor relations cases where there was a gaping circuit split, possibly because the justices foresaw yet another 4-4 tie. The next justice may be the deciding vote in cases that bring the same questions, but bigger cases involving the Indian Child Welfare Act (ICWA) are in the pipeline....

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