Update: New Briefs Filed in Brackeen v. Zinke

Below are the latest filings in Brackeen v. Zinke, challenging ICWA, filed in the Northern District of Texas District Court on May 25, 2018:

108 Law Profs

110-1-Gila Amicus

115 Feds Reply in Opp State Motion to Dismiss

116 Fed Reply in Opp Individual Motion to Dismiss

118-Tribal Intervenor Brief Opposing SJ

121-Feds Brief Opp to SJ States

123-Feds Opp SJ Individuals

124-1 State (CA, AK, MT, UT, NM, WA, OR) Amicus

125 – Tribal amicus brief (123 federally recognized tribes, AAIA, NCAI, NICWA, AFN, ASNA, AVCP, BBNA, CATG, Chugachmiut, Kawerak, Inc., TCC, USET, CTFC, Nebraska Indian Child Welfare Coalition

For more information, please visit the case page here.

Update in Texas v. Zinke (federal ICWA case)

Here are the updated filings in the federal ICWA case in Texas:

The federal government filed a motion to dismiss, here.

But THEN, Plaintiffs filed (another) amended complaint–here.

It’s about 8 pages longer than the previous complaint, and adds the Department of Health and Human Services, the Secretary of the Department, and the United States as defendants. While the complaint still requests the court find all of ICWA unconstitutional and unenforceable, it also broadens the discussion beyond 1915 placement preferences to the collateral challenge provisions in 1913 and 1914. The complaint also still contends that certain provisions of IV-B and IV-E (parts of the Social Security Act) are not enforceable–those that purportedly link state compliance with ICWA to federal funding.

The feds will file another (slightly longer) motion to dismiss, and it will be here as soon as it is available.

However, the court has ALSO granted the tribal motion for intervention, available here.