Tag Archives: Brackeen v. Zinke

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 , , ,

Indian Country Fights to Protect Its Children and Preserve Its Sovereignty

New article from Nick Martin in The New Republic about the recent Brackeen v. Bernhardt decision and preserving ICWA. Available here.

Posted in ICWA, Research | 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 , , , ,

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 , , , , , , , , ,

Media Statements and News Articles on Fifth Circuit ICWA Case

Quote from Intervening Tribes Statement: We applaud the broad coalition of federal lawmakers, attorneys general from 21 states, and 30 child welfare organizations who have joined 325 Tribal governments and 57 Tribal organizations in filing numerous amicus briefs with the … Continue reading

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

Merits and Amicus Briefs Filed in Brackeen et al v. Zinke et al. Yesterday

Multiple parties and amici filed strong briefs in the Brackeen v. Zinke case in the Fifth Circuit yesterday. Twenty-one state attorneys general filed an amicus brief in support of the law, as did 325 tribal nations and 57 tribal organizations. … Continue reading

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

VERY LAST CHANCE to Sign on To Tribal Amicus Brief in Fifth Circuit ICWA Case

From NARF: 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 … Continue reading

Posted in ICWA, Research | Tagged , , , ,

Texas v. Zinke Update: Stay Denied; Navajo Nation Files Motion to Intervene

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 … Continue reading

Posted in Child Welfare, ICWA | Tagged , , , , , , , ,

ICT: “Texas Judge rules Indian Childhood Welfare Act as unconstitutional”

Here. An excerpt: Nicole Adams and other advocates are calling for Indian Country’s leaders and tribes to act now to protect ICWA and the sovereignty of tribes before it is too late. Adams warns, “we don’t want to look back … Continue reading

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