The ILPC/TICA Indigenous Law Conference! Join us November 15-16, 2018 for expert panels like Filling the Pipeline. Plus, gather on November 14 for Pre-Conference activities. Register and come visit us on the banks of the Red Cedar!
Fulfill CLE credits including 10 standard, 1.5 ethics, 1 elimination of bias.
This panel is sponsored by:
Previous posts/filings here.
WaPo coverage here.
Plaintiffs’ request for injunctive relief is GRANTED. The Court enjoins Federal Defendants and TransCanada from engaging in any activity in furtherance of the construction or operation of Keystone and associated facilities until the Department has completed a supplement to the 2014 SEIS that complies with the requirements of NEPA and the APA.
The ILPC/TICA Indigenous Law Conference, November 15-16, 2018, will host the Tribal Self-Regulation of Health Care panel. Register and come visit us on the banks of the Red Cedar!
Fulfill CLE credits including 10 standard, 1.5 ethics, 1 elimination of bias.
This panel is sponsored by:
On this date in 1978, President Carter signed the Indian Child Welfare Act into law.
Senator Abourezk introduced the bill to the Senate on April 1, 1977, and the Senate voted on it on November 4, 1977. Interestingly, while Sen. Goldwater supported the purpose of the bill, he did not vote on the Senate’s version of ICWA. He was traveling back to Arizona the night of the vote.
The House Resolution (H.Res. 1374) to consider the bill was introduced by Rep. Shirley Chisholm, the first Black woman elected to Congress, on September 22, 1978. The House voted on the bill on October 14, 1978.
The Act was obviously the work of more people than can be named in a post, but here are the names of just some of the Native women activists identified in the book A Generation Removed: Mrs. Fournier and the mothers’ delegation of Fort Totten, Margaret Townsend (Fallon, Nevada) Evelyn Blanchard (Laguna and Yaqui), Eloise Doan (Blackfeet), Goldie Denny (Quinault), the women of the Wisconsin American Indian Child Placement and Development Program, the North American Indian Women’s Association, Janet McCloud (Tulalip and Nisqually), Maxine Robbins (Yakama), Betty Jack (Ojibwe), and Ramona Bennett, Chairwoman of the Puyallup Tribe who was denied a seat at the National Tribal Chairmen’s Association because she was a woman, and when finally allowed in, told the chairmen that while they were talking about fishing and housing and natural resources, they needed to do something about the children who were being taken away too.
As always, NARF has all of the legislative history online and searchable, which is full of important work like the letter from Eric Eberhard on behalf of the Navajo Nation, or the original statistical report from AAIA or the letter from Don Milligan at the “Indian Desk” State of Washington Department of Social and Health services detailing in 14 pages the way PL-280 was destroying tribal families.
Spending time in the legislative history of ICWA is both humbling and inspiring and a good way to spend some time on this fortieth anniversary.
Original complaint and press release here.
20 Federal Defendants’ Motion to Dismiss
20-1 Memorandum in Support of Federal Defendants’ Motion to Dismiss
21 Defendant’s Motion to Dismiss Amended Complaint
23 Plaintiff’s Memorandum in Opposition to Federal Defendants’ Motion to Dismiss
25 Plaintiff’s Memorandum in Opposition to Motion to Dismiss
26 Federal Defendants Reply to Motion to Dismiss
27 Defendant’s Reply to Motion to Dismiss
Here are the materials in Luiz v. Northern Circle Indian Housing Authority (N.D. Cal.):
Here are the materials in Robinson v. City of Lawton (W.D. Okla.):
Prior post here.
In Texas v. Zinke, the ICWA case in the northern district of Texas, the district court judge denied the four intervening defendant tribes’ motion to stay the decision. There has been no stay request filed in the Fifth Circuit nor a notice of appeal.
Navajo Nation filed a motion to intervene for the purpose of appeal.
Statement from Partnership for Native Children explaining the stay is here.
Here is “Trudeau apologizes to B.C. Indigenous community for 1864 hanging of chiefs.”
Turtle Talk 
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