News coverage that confirms all accounts we received that this was a very difficult and discouraging hearing.
This hearing was on DOJ’s motion to dismiss the Goldwater ICWA litigation, which is contesting the constitutionality of ICWA. Relevant documents are here.
In response to questions we’ve been getting–this hearing was only on the government’s motion to dismiss. By the looks of it, the judge is not likely to dismiss the case at this point. Next up in the litigation is a fight over class certification, which the judge was delaying full briefing on until after the decision on the motion to dismiss. There will also be rulings on Navajo Nation and Gila River’s motions to intervene. Short answer to what the hearing likely means–this is looking like a long slog. We would really love to be wrong.