2024 Michigan Supreme Court Candidates and ICWA

Michigan judicial campaigns are down-ballot and nonpartisan but sometimes candidates reveal their ideological biases.

One Michigan Supreme Court candidate is a Republican member of the Michigan House of Representatives who recently made a speech in opposition to an amendment to the Michigan Indian Family Preservation Act. This candidate believes the Indian Child Welfare Act is unconstitutional because two members of the United States Supreme Court dissented in Haaland v. Brackeen. Dissents are not the law. He also made material misrepresentations about tribal membership rules and how the state law best interests of the child standard works in ICWA cases.

The other Michigan Supreme Court candidate has expressed her commitment to the rule of law. We like her lots.

Incidentally, the MIFPA amendment passed and is now law.

James Earl Jones American Masters Interview

Here.

An excerpt:

James Earl Jones: Well, the whole thing about black actors in leading roles began to, you know, occurred to me. And before that, I don’t think any. Hollywood sure didn’t worry about it. You know, where was the box office there they’d say, you know. And blacks weren’t in into complaining a lot about the images. I myself would watch John Wayne movies. I woke up to handle feeling like John Wayne. Didn’t matter to me. I didn’t need a black face to identify with, you know. But there was there was something that was missing in the American spectrum when I saw Jeff Turner playing all the Indians and not a real Indian. And I knew I was raised among Chippewa Indians and I knew what they looked like and what they were different culturally. And I kept wondering, well, why can’t I see them playing Cochise and so on and. And Sidney being Sidney and also Harry, both being from the Caribbean, that was somehow much more feasible in a way because they were they weren’t American black men. They were in touch with a different reality than guys like me from Mississippi, you know.

JEJ spent time in his childhood in Manistee, MI where he went to school with Michigan Anishinaabek from Little River.

He was also a Wolverine.

Eighth Circuit Denies HCI En Banc Petition

Here are the available materials in HCI Distribution Inc. v. Hilgers:

Prior post here.

Tenth Circuit Orders New Trial in Indian Country Murder Case over Faulty Self-Defense Jury Instruction

Here is the opinion in United States v. Hicks.

Briefs:

Opening Brief

Government Brief

Reply

Alaska SCT Affirms ICWA Tribal Court Transfer over Foster Parents’ Objection

Here is the opinion in Rosalind M. v. State of Alaska:

Cayuga Nation Sues New York Judge to Challenge State Court Jurisdiction over Tribal Eviction Actions

Here are pleadings in Cayuga Nation v. Porsch (W.D. N.Y.):

1 Complaint

1-1 DOI Letter

1-2 Cayuga Nation Tribal Court Judgment

1-3 Cayuga Nation Tribal Court Judgment

1-4 Cayuga Petition to Enforce Tribal Court Judgment

1-5 Cayuga Petition to Enforce Tribal Court Judgment

1-6 NY Supreme Court Default Judgment

1-7 NY Supreme Court Default Judgment

1-8 NY Supreme Court Order

1-9 Cayuga COA Order

1-11 NY Supreme Ct Order

1-12 NY Supreme Court Order

1-14 Tribal Court Complaint

1-15 Cayuga Nation Judgment

1-16 Cayuga Nation Tribal Court Order

1-17 Cayuga Nation Tribal Court Judgment

1-18 Cayuga Nation Warrant of Eviction

1-19 Cayuga Nation Warrant of Eviction

1-20 Kettle Motion

“Holley Council” Sues Interior for Recognizing “Garcia-Ike Council” as Leaders of Te-Moak Shoshone Tribe

Here is the complaint in Holley v. Dept. of the Interior (D. Nev.):

Blast from the Past: 1980 Interior Guidance to BIA Officials re: ICRA Enforcement Post-Martinez

Here:

1980 Interior Guidance on ICRA

Interesting list of “sanctions” BIA would impose on tribal governments that violate ICRA (considered by the Commissioner to be a violation of the political relationship between the tribe and the feds):

National Constitutional Society Event: Native Americans and the Supreme Court with Keith Richotte and Fletcher — Nov. 4 @ Noon

Here.

In celebration of Native American Heritage month, Keith Richotte Jr., author of the forthcoming book, The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution and Matthew L.M. Fletcher of the University of Michigan discuss Native American history and law through the stories of landmark Supreme Court cases. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.

Register Here to Attend Online