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Brackeen et al v. Zinke et al
Case Number:
4:17-cv-00868
Court:
Nature of Suit:
Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision
Judge:
Firms
- Akin Gump
- Dentons
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- Bureau of Indian Affairs
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December 04, 2018
Tribes Win Pause Of Indian Child Welfare Case During Appeal
The Fifth Circuit has agreed to halt a lower court ruling that the Indian Child Welfare Act is unconstitutional during an appeal lodged by four Native American tribes, which argued that a stay was necessary to protect children from potential abuse in the foster care system.
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November 30, 2018
Navajos Say They Deserve Place In Appeal Of ICWA Ruling
The Navajo Nation on Thursday pressed a Texas federal judge to let the tribe join an appeal of his ruling that the Indian Child Welfare Act is unconstitutional, saying the judge has the discretion to let it intervene and that the tribe needs to protect its own laws.
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November 20, 2018
Tribes Ask 5th Circ. For Halt In Indian Child Welfare Case
Four Native American tribes urged the Fifth Circuit to put the brakes on a lower court ruling that the Indian Child Welfare Act is unconstitutional, saying a stay is needed to protect children from potential abuse in Texas' foster care system.
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November 06, 2018
Navajo Nation Wants In On Indian Child Welfare Act Fight
The Navajo Nation has asked to join in a challenge to a Texas federal judge's ruling that the Indian Child Welfare Act is unconstitutional, saying that the tribe should be allowed to interpret its own laws in a Fifth Circuit appeal and that it would not be represented well enough by the federal government or other tribes.
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October 30, 2018
Judge Refuses To Stay Order Voiding Indian Child Welfare Act
A Texas federal judge has declined to pause his ruling that the Indian Child Welfare Act is unconstitutional, holding that four Native American tribes didn't meet their burden to show that the move was warranted while they appeal the decision.
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October 19, 2018
Texas Foster Care Would Imperil Indian Children, Tribes Say
Four Native American tribes pressed a Texas federal judge Friday to put a hold on his ruling that the Indian Child Welfare Act is unconstitutional, saying that a Fifth Circuit decision the previous day showed that putting Indian children in the state's foster care system would expose them to "severe risk of sexual and other abuse."
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October 18, 2018
Tribes Scoff At States' Urgency In Child Welfare Case
A group of four Native American tribes has pressed a Texas federal judge to put the brakes on his recent decision that the Indian Child Welfare Act is unconstitutional, saying worries by Texas and two other states about delays while the ruling is appealed don’t hold water since the law has already been around for 40 years.
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October 16, 2018
States Say Indian Child Welfare Act Must Be Blocked
Texas, Indiana and Louisiana and several foster families have urged a Texas federal judge to reject four tribes' request to put a hold on a recent decision that found the Indian Child Welfare Act unconstitutional, saying that the ruling is likely to stand and that a stay would leave many children “in legal limbo” until appeals in the case are over.
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October 11, 2018
Tribes Seek Stay To Appeal Indian Child Welfare Act Ruling
Four tribes have urged a Texas federal judge to stay his recent decision handing states and foster families a quick win on most claims in their suit challenging the Indian Child Welfare Act, saying the ruling is likely to be overturned on appeal and a stay is needed to protect Indian children.
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October 05, 2018
Indian Child Welfare Act Found Unconstitutional
A federal judge has handed Texas, two other states and several foster families a quick win on most of their claims in a suit challenging the Indian Child Welfare Act, ruling that the law is race-based and unconstitutionally gives tribes too much power over states to decide how to implement it in adoption and custody cases.