DOJ Motion for Summary Judgment and National Orgs Amicus Brief Filed in Guidelines Litigation

Latest filings in Nat’l Council for Adoption v. Jewell:

DOJ Memorandum for Summary Judgment

A favorite footnote (5 is good too):

10 Finally, BAF does not elaborate as to why placement with an Indian child’s family or tribe could not also be “loving,” and its silence is telling. ICWA was designed as a remedy for precisely this type of bias: the stereotype held by some child-welfare advocates that Indian children will be better off placed with a non-Indian family. See Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 37 (reiterating that Congress feared that application of a “white, middleclass standard” will, “in many cases, foreclose[] placement with [an] Indian family”). BAF’s misguided view is, at best, an “abstract concern” that is insufficient to create standing. See Lane, 703 F.3d at 675 (citing Simon, 426 U.S. at 40).

National Organizations (NCAI, NICWA, AAIA) Amicus Brief in Support