November 04, 2022
The U.S. Supreme Court will consider how to properly challenge the constitutionality of an agency's in-house enforcement action, along with the fate of the Indian Child Welfare Act at this week's oral arguments. Here, Law360 previews what's on the docket.
October 04, 2022
The U.S. Supreme Court will hear extended oral arguments next month in a case concerning the federal rules around fostering and adopting Native American children, granting a request in which the government said the closely watched litigation involves "numerous issues of constitutional law."
September 30, 2022
The reversal of constitutional abortion protections last term has court watchers wondering: Is affirmative action next? But the lawsuits against Harvard University and the University of North Carolina are far from the only blockbusters on the docket in what is likely to be another landslide term for conservatives. Here, Law360 breaks down five cases to watch.
August 19, 2022
Nearly 500 federally recognized tribes and many Native American organizations led a host of amici on Friday urging the U.S. Supreme Court to uphold the constitutionality of the Indian Child Welfare Act, saying that disturbing the law would damage Indian families and could ripple through other important aspects of Indian law.
August 12, 2022
Five Native American tribes and the federal government urged the U.S. Supreme Court on Friday to uphold the Indian Child Welfare Act, with the tribes saying Congress constitutionally used its power in the law to keep Indian families together and shield tribes from "destruction."
July 18, 2022
Native American law practitioners will be tuned in to the U.S. Supreme Court arguments on the constitutionality of the Indian Child Welfare Act, while also monitoring the en banc Ninth Circuit's take on arbitration in a tribal lending case and the Seminole Tribe's bid to revive its gambling deal with Florida to pursue mobile sports betting.
May 27, 2022
Texas has urged the U.S. Supreme Court to rule that the Indian Child Welfare Act is unconstitutional, claiming the law is race-based and that in enacting it, Congress exceeded its powers to shape Native American affairs.
February 28, 2022
The U.S. Supreme Court on Monday agreed to take up four petitions challenging a highly complicated en banc Fifth Circuit decision on the Indian Child Welfare Act, with Texas and other opponents claiming the law is unconstitutionally race-based, and tribes and the federal government saying the law draws on political classifications that are backed by the high court's precedent.
December 09, 2021
Texas and other states have urged the U.S. Supreme Court to weigh their broad challenge to the constitutionality of the Indian Child Welfare Act, while the federal government and Native American tribes say justices should focus on specific rulings the Fifth Circuit wrongly found invalid.
October 08, 2021
Twenty-five states and the District of Columbia urged the U.S. Supreme Court on Friday to hear petitions on the Indian Child Welfare Act's constitutionality after the Fifth Circuit upheld and overturned parts of a lower court decision that found the law unconstitutional.