Tag Archives: Brackeen v. Bernhardt

State and Individual Parties File for En Banc Review in Brackeen v. Bernhard [ICWA]

Individual Petition for EnBanc Review State Petition for EnBanc Review The Court has asked the federal and tribal parties for response briefs, which are due October 23rd.

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , , , , ,

Deadline Update in Brackeen v. Bernhardt [ICWA]

Here Plaintiffs requested an extension to their en banc petition. The Court gave them until October 1 to file.

Posted in Author: Kate E. Fort, ICWA | Tagged , , ,

Fifth Circuit: ICWA is Constitutional on All Counts

Here. The Fifth Circuit overturned the Northern District of Texas today with strong language supporting ICWA. The Court found that the plaintiffs did have standing, but found against them on all other counts. There is a dissent forthcoming from Judge … Continue reading

Posted in Research | Tagged , ,

Time Magazine on ICWA

Here The first four paragraphs of the story: Each time Elisia Manuel sees her daughter Precious rehearsing traditional basket dancing and humming tribal songs around their home in Casa Grande, Arizona, she’s overwhelmed with emotion. “It’s beautiful to witness,” the … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , ,

Intercept Article on ICWA and the Brackeen Case

Here “Babies don’t get born and run down to the citizenship office and file a petition,” said Matthew Fletcher, director of the Indigenous Law and Policy Center at Michigan State University. When his own child was born, he and his … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , ,

As Expected, Criminal Defendant Cites Brackeen to Attack Major Crimes Act

Here is the opening brief in United States v. Jim (10th Cir.): Jim Opening Brief An excerpt: There is reason to believe that the Supreme Court may be open to revisiting its holding in Antelope, and may soon have the opportunity to cast … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , ,

ICWA Op-Ed in the WaPo and Editorial in the Austin American Statesman

Wapo: Native children benefit from knowing their heritage. Why attack a system that helps them? Austin American Statesman: Paxton should stop playing politics with adoptive families

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,

Brackeen Oral Argument Audio

Here. Briefs and materials here.

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , , ,

Briefing Completed in Brackeen v. Bernhardt (frmly Zinke) in the Fifth Circuit [ICWA Case]

Oral arguments are March 13. Principal Briefs on the Tribal Defendant/Intervenor and Federal Side (Pro-ICWA) Appellant Tribes Brief Appellant Federal Parties Navajo Nation Motion to Intervene and Proposed Brief Amicus Briefs, Pro-ICWA Congressional Amicus Brief Constitutional Law Profs Brief Casey … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , , ,