Here is the amicus brief in Another Planet Entertainment LLC v. Vigilant Ins. Co. (Cal. S. Ct.):
San Manuel Amicus Brief in Cal. SCT Insurance Case
amicus brief
Amicus Briefs in Haaland v. Brackeen
We have a total of 21 pro-ICWA Amicus Briefs. Here they are in some rough categories and some VERY rough summaries. In writing this post, I became overwhelmed at this stunning array of briefs and support for ICWA.
Government Briefs
NARF’s Tribal Government and Organizations Brief : this brief has the sign on of nearly 500 tribes and over 60 tribal organizations. It discusses ICWA as an exercise of the trust responsibility, and the political relationship of tribes.
Congressional Brief : 87 Members of Congress signed this brief defending ICWA in the four principle arguments in the case
State AG Brief : 23 states and the District of Columbia signed on to this brief, which highlights how ICWA allows and encourages tribal-state relations in the area of child welfare.
LA County Brief : from the county counsel at the largest child welfare system in the country, it discusses the importance of ICWA to LA County practice with a focus on relocation in particular
Semi-Party Brief
Bradshaw Brief : This brief is unique in that it primarily tells the story of Robyn Bradshaw, the grandmother who adopted her granddaughter who was the subject of the claims of the Cliffords, one of the three foster family plaintiffs in the case. Because the procedural posture of the case below, the Cliffords’ narrative of facts was allowed to go unchecked throughout the life of the case until now.
How Child Welfare Works Briefs
Family Defenders : a brief from parent attorneys/family defenders in more than 8 states, this brief discusses the constitutional rights afforded to parents and families, how those intersect with the child welfare system, and the importance of ICWA in that structure. It directly addresses the arguments made by the other side regarding the child welfare system.
American Bar Association : This brief directly takes on the contention that child welfare is the sole province of the states as well as discussing the legal complexity of the child welfare system.
Casey Family Programs and 26 Other Child Welfare and Adoption Organizations : A continuation of the original, wildly successful, “gold standard” brief from Baby Girl, this brief focuses on child welfare best practices and how ICWA creates, promotes, and supports them.
National Association of Counsel for Children and 30 Other Children’s Rights Organizations : In addition to discussion the Constitutional rights of families, this brief directly addresses how ICWA supports the best interests of children in state proceedings.
Former Foster Children : One of the briefs with a particular place in my heart, this brief allowed Native youth to tell their lived experience to the Court.
How Adoption Works Brief
Non-Native Adoptive Parents : while the plaintiffs in this case were not adoptive parents, this brief directly addresses how ICWA actually works in voluntary adoptions.
Law Professor Briefs
Ablavsky Brief : The originalism brief
Administrative and Constitutional Law Professors : this brief addresses three main issues–federal power, anti-commandeering, and delegation
Indian Law Professors : this brief focuses on the exclusive power of Congress to legislate on behalf of Indians as a political class
American Historical Association : this brief provides historical context, especially around the early efforts (or lack thereof) of state child welfare systems and Native children
Medical Organizations
American Academy of Pediatrics and the American Medical Association : ICWA works directly to address the attendant physical and emotional trauma of federal and state policies designed to destroy tribal families and extended tribal networks
American Psychological Association (specifically including the associations of Texas, Louisiana, and Indianan) and the Society of Indian Psychologists : The benefits for children of being parented by Indian adults
Interest Groups
ACLU : ICWA is not a race based law
Constitutional Accountability Center : Originalism and anti-commandeering
National Indigenous Women’s Resource Center : The ramifications, specifically to VAWA, if “Indian” is a racial classification
Sen. Abourezk/Lakota People’s Law Project : Passage of ICWA and issues in South Dakota
Deadline to Sign on to SCOTUS Tribal Amicus Brief, Haaland v. Brackeen
Deadline is August 15 at 12pm EASTERN. If you are SIGNING ON for a tribe, email dougherty@narf.org.
If you want to know if a tribe has signed on or need a copy of the brief, feel free to harass me at fort@msu.edu.
From NARF:
Tribes – show your support for the Indian Child Welfare Act (ICWA)! All federally recognized Tribes are invited to sign on to the Haaland v. Brackeen Tribal Amicus Brief in a show of unity and support for ICWA, Native children, and Native families.
There is no cost to join this brief and over 260 Tribes have already signed on.
Tribal Nations interested in signing the brief must do so no later than next Monday, August 15, 2022. If your Tribe would like to add its name to the brief, please reach out to NARF Senior Staff Attorney Erin Dougherty Lynch at dougherty@narf.org as soon as possible.
Please note that if your Tribe signed on to a previous brief when this case was before the Fifth Circuit, you will NOT be automatically added to this Tribal Amicus Brief―NARF still needs is an affirmative statement that your Tribal Nation would like to join the brief.
Again, please email Erin Dougherty Lynch at dougherty@narf.org to sign on to the brief. If you would like a copy of the brief or have questions about whether your Tribe has already signed on to the brief, please email fort@msu.edu.
NCAI Amicus Brief in Merrill v. Milligan
On January 24, 2022, a unanimous three-judge court in the Milligan case blocked Alabama’s newly drawn congressional map. The Court ordered the state Legislature to draft a new congressional map that complies with the Voting Rights Act by including two districts where Black voters have the opportunity to elect candidates of their choice. The Supreme Court is now hearing the case.
Here is NCAI’s amicus brief in the matter.
SCOTUS Holds 6-3 that ANCs are “Indian Tribes” Eligible for CARES Act Funding
Post-Argument Letter Briefing in Yellen v. Chehalis
Respondents’ Briefs and Amicus Briefs in Yellen v. Chehalis
Here (the remainder of the briefs are on the Yellen v. Chehalis backgrounds materials page):
Brief of the Confederated Chehalis Tribes
Yellen v. Confederated Tribes of the Chehalis Reservation Background Materials
Here are the merits briefs:
Brief of Alaska Native Village Corporation Association Inc.
Brief of the Confederated Chehalis Tribes
Alaska Native Village Corporation Association Reply
Post-Argument Letters:
2021.04.23 Chehalis Letter to USSC Clerk of the Court
2021-4-22 ANCs response letter
Confederated Tribes Letter Re Oral Argument Correction 4 20 21 [Ute Tribe/Patterson firm]
Amicus Briefs Supporting Petitioners:
Amicus Brief of Alaska Congressional Delegation
Amicus Brief of Assn of Alaska Housing Authorities
Amicus Brief of Cook Inlet Region Inc.
Amicus Brief of the Alaska Federation of Natives
Amicus Brief of the State of Alaska
Amicus Briefs Supporting Respondents:
Amicus Brief of Bear River Band of Rohnerville Rancheria
Amicus Brief of Tribal Organizations
Cert Stage Briefs
Mnuchin v Chehalis Cert Petition
Alaska Native Corps Cert Petition
Members of Congress Amicus Brief
D.C. Circuit materials:
Alaska Federation of Natives Amicus Brief
Cook Inlet Region Amicus Brief
District Court materials:
D.C. Circuit Reverses CARES Act Judgment Favoring Alaska Corps.
Indian Law Professors Amicus Brief in Fulton v. City of Philadelphia
Here:
Amicus Brief of Indian Law Professors
An excerpt:
Amici write to explain how the long and shameful history of treatment of Indian children by the child welfare system in the United States demonstrates the dangers of and substantial harms inflicted by discrimination in this setting, including in particular discrimination based on the religious beliefs of government employees or agents
Miigwetch to April Youpee-Roll for taking the lead!
Turtle Talk 
You must be logged in to post a comment.