Brackeen v. Haaland

  1. January 16, 2019

    Tribes, Allies Say Constitution Backs Child Welfare Law

    Four tribes, joined by members of Congress, Indian law professors and others, urged the Fifth Circuit on Wednesday to overturn a Texas district judge's decision ruling the Indian Child Welfare Act unconstitutional, saying the law doesn't racially discriminate and that the Constitution supports Congress' broad power to enact laws regulating tribal matters.

  2. January 15, 2019

    States Urge 5th Circ. To Reverse ICWA Invalidation Order

    California, Massachusetts, Illinois and New Jersey have joined over a dozen states that are throwing support behind four tribes and the federal government as they seek to overturn a decision deeming the Indian Child Welfare Act unconstitutional, arguing that the statute provides critical protections for Native American children and their families.

  3. December 20, 2018

    Biggest Native American Rulings In The 2nd Half Of 2018

    A Texas federal judge sent shock waves through Indian Country in 2018 by striking down the Indian Child Welfare Act, while the Federal Circuit ruled against a New York tribe involved in a novel patent deal and a planned Connecticut tribal casino project suffered a major setback in federal court.

  4. 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.

  5. November 28, 2018

    Under Siege, Indian Child Welfare Act Gets Lawmakers' Praise

    A group of U.S. legislators issued a bipartisan resolution Tuesday recognizing the 40th anniversary of the Indian Child Welfare Act as the law is on the ropes in two circuit courts over claims that it is unconstitutional.

  6. 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.