Amicus Brief of Indian Law Professors
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!
Here are the materials in Confederated Tribes of the Chehalis Reservation v. Mnuchin:
Chehalis et al Brief
Navajo et al Brief
Case tag here.
Here is the order in Confederated Tribes of the Chehalis Reservation v. Mnuchin (D.D.C.):
97 DCT Order
Here are the new pleadings in Confederated Tribes of the Chehalis Reservation v. Mnuchin (D.D.C.):
76-2 CRST MSJ
77 Chehalis MSJ
78-1 Alaska Corps MSJ
79-1 Mnuchin MSJ
81 AFN Brief
82 NCAI Amicus Brief
Here are updated materials in Confederated Tribes of the Chehalis Reservation v. Mnuchin (D.D.C.)::
21 US Brief
23 Ahtna Amicus Brief
25 Gila River Amicus Brief
30 Chehalis Reply
Case tag here.
Here is the complaint in Ute Tribe of the Uintah and Ouray Reservation v. Mnuchin (D.D.C.):
5 Motion for TRO
Here are the materials in Cheyenne River Sioux Tribe v. Mnuchin (D.D.C.):
4 Motion for TRO
Here are updated materials in Confederated Tribes of the Chehalis Reservation v. Mnuchin (D.D.C.):
18 Alaska Native Village Corporation Association Amicus Brief Motion
18-1 Amicus Brief
20 NCAI Amicus Brief
Prior posts here.
Here is the brief in Aji P. v. State of Washington (Wash Ct. App.):
Tribal Amicus Brief
More details on this case here.
Dear tribal leaders and tribal counsel,
Today the Fifth Circuit Court of Appeals granted a motion that extends the filing deadline for amicus briefs in Brackeen v. Zinke by two days. This is one last call for Tribes who are interested in signing on to the tribal amicus brief in this case.
As you know, Brackeen v. Zinke is a challenge to the Indian Child Welfare Act (ICWA) in which a federal district court judge in Texas recently found ICWA to be unconstitutional. The case is currently on appeal to the Fifth Circuit Court of Appeals.
The Native American Rights Fund (NARF) and our co-counsel at Dentons have draft a tribal amicus brief to complement the arguments being made by the Tribal Defendants and our allies, including law professors, child welfare organizations, and several states. All federally recognized Tribes are invited to sign on to the brief in a show of unity. Of course, there is no cost to join this brief—any federally recognized Tribe may do so free of charge.
If your Tribe would like to sign its name to the brief, please let NARF know by tomorrow, Tuesday, January 15 at 11:00pm Alaska Time (7pm ET/8pmCT/9pmMT/10pmPT). Already more than 280 Tribes and more than 50 Indian organizations have signed on to the brief.
If your Tribe would like to sign on, we will need an email that provides the following:
- A statement from an individual (chairperson, executive director, general counsel, etc.) or body (tribal council, etc.) authorized to do so, asking to be added as a signatory on the brief. A statement via email is fine; and
- The full name and correct spelling of the Tribe as it should appear on the brief.
The above information should be emailed to Erin Dougherty Lynch at firstname.lastname@example.org and cc’d to Dan Lewerenz email@example.com.
Finally, if you would like a draft of the brief, please email Erin and Dan at firstname.lastname@example.org and email@example.com.
Thank you again for your commitment to defending ICWA.
Erin Dougherty Lynch
Senior Staff Attorney
Native American Rights Fund