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.
Turtle Talk 
Kate, I am fuming over this. Will there be statements from the public? I am an adoptee, a lost bird, and wonder would it help in any way to write about this to the judge? If someone moves to America from China, are they not Chinese even if they live here? How is it possible a person can be as ignorant as this Wake person?
Sadly, I don’t think a letter to the judge will help. I have very little of good to say, other than you are not alone in your fuming, and we are all working hard on legal strategies to counter this. And that this is just the first step in a long fight.
Thanks Kate – it seems we are going backwards not forward.
I was thinking that today as well–given that the Canadian TRC listed passing federal legislation on behalf of Indigenous kids to provide federal minimum standards in child welfare as the FOURTH on their list of 94 recommendations.