Tag Archives: Fifth Circuit

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 , , , , , , , , ,

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 , , , ,

Statement from the Four Intervening/Appellant Tribes on the Stay of the Texas v. Zinke Decision

Joint Tribal Statement re Fifth Circuit Stay 12.3.18 We applaud the Fifth Circuit Court of Appeals for staying a recent ruling in Texas that struck down the Indian Child Welfare Act (ICWA). This stay decision protects children from potential abuse … Continue reading

Posted in Research | Tagged , , , , , ,

United States Files Notice of Appeal in Texas v. Zinke (ICWA)

Notice of Appeal

Posted in Child Welfare, ICWA | Tagged , ,

NCAI and NARF Information on Tribal Amicus Brief for Texas v. Zinke

Here: Information on the case here. Important Indian Child Welfare Act Case, Brackeen v. Zinke, likely to be appealed to the Fifth Circuit Court of Appeals. NCAI and its partners urge tribal nations to join tribal amicus brief. We need … Continue reading

Posted in Child Welfare, ICWA | Tagged , , ,

Four Intervening Tribes in Texas v. Zinke ICWA Case File Notice to Appeal and Motion to Stay in Fifth Circuit

New Fifth Circuit page here. Tribal Motion for Stay Pending Appeal Finally, the district court’s ruling will cause significant inconsistency throughout the country. As this Court noted in Bryant, when issuing a stay, “[t]he inevitable disruption that would arise from … Continue reading

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

Fifth Circuit Decides Indian Prisoner Religious Freedom Case

Here is the opinion in Davis v. Davis. An excerpt: Prisoner Plaintiffs Teddy Norris Davis and Robbie Dow Goodman appeal the district court’s grant of summary judgment in favor of prison officials within the Texas Department of Criminal Justice (“TDCJ”). … Continue reading

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

SCOTUS GVRs Knight v. Thompson — A Native Prisoner Matter — in Light of Holt v. Hobbs

Here is the order. BTW, a GVR stands for “grant vacate remand.” It usually means, as I believe it does here, that the Supreme Court has decided a matter that will affect the disposition of another matter pending before the … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research, Supreme Court | Tagged , , , , , , | 3 Comments

Navajo Boy Sent Home for Having Long Hair on First Day of School

Here is one of many articles. And here is what the Fifth Circuit has already said about such nonsense regarding the treatment of another 5-year-old in Texas: A Native American boy and his parents challenge a school district’s requirement that … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, cultural resources, Education | Tagged , , , | 1 Comment