Tag Archives: Fifth Circuit

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 , ,

Tribal Amicus Brief in Texas v. United States [ACA Appeal in Fifth Circuit]

Here: texas-tribal-amicus-final-4-1-19-as-filed-1.pdf 4-1-2019-letter-to-doj-re-texas-v-us-and-ihcia-impacts-final.pdf

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

Fifth Circuit Rules in Favor of Texas over Alabama-Coushatta Tribe on Gaming

Here is the opinion in State of Texas v. Alabama-Coushatta Tribe. Briefs and lower court materials here.

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research | 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 , , , , , , , , ,

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 , , ,