Merits brief on behalf of the intervening tribes–Cherokee Nation, Oneida Nation, Quinault Indian Nation, Morongo Band of Mission Indians, Navajo Nation–in the Haaland v. Brackeen Supreme Court case.
Pace yourself–she’s a long one.
Haaland v. Brackeen
Deadline to Sign on to SCOTUS Tribal Amicus Brief, Haaland v. Brackeen
Deadline is August 15 at 12pm EASTERN. If you are SIGNING ON for a tribe, email dougherty@narf.org.
If you want to know if a tribe has signed on or need a copy of the brief, feel free to harass me at fort@msu.edu.
From NARF:
Tribes – show your support for the Indian Child Welfare Act (ICWA)! All federally recognized Tribes are invited to sign on to the Haaland v. Brackeen Tribal Amicus Brief in a show of unity and support for ICWA, Native children, and Native families.
There is no cost to join this brief and over 260 Tribes have already signed on.
Tribal Nations interested in signing the brief must do so no later than next Monday, August 15, 2022. If your Tribe would like to add its name to the brief, please reach out to NARF Senior Staff Attorney Erin Dougherty Lynch at dougherty@narf.org as soon as possible.
Please note that if your Tribe signed on to a previous brief when this case was before the Fifth Circuit, you will NOT be automatically added to this Tribal Amicus Brief―NARF still needs is an affirmative statement that your Tribal Nation would like to join the brief.
Again, please email Erin Dougherty Lynch at dougherty@narf.org to sign on to the brief. If you would like a copy of the brief or have questions about whether your Tribe has already signed on to the brief, please email fort@msu.edu.
Gila River Indian Community Response to PLF Amicus Brief in Brackeen
We rarely post press releases, but this exception is an important one. Here is the Gila River press release explaining more about the C.J. Jr. case that the Pacific Legal Foundation is trying to use to undermine ICWA.
GRIC Statement on PLF Brief 06-07-22[3]
PLF’s brief falsely portrays ICWA as causing delays in C.J., Jr.’s and other cases. The delays in C.J., Jr.’s case were caused not by ICWA, but the failure of the Ohio courts and child welfare agencies to timely notify the Community of the case and an unprecedented level of obstruction and bias against the Community from the court–appointed guardian ad litem (who filed two appeals of the juvenile court’s decisions and moved to delay resolution of the appeals). The Community successfully sought removal of the guardian for misconduct and bias, but only after lengthy delays. PLF is fully aware of this, as one of the attorneys who signed their amicus brief in Brackeen v. Haaland represented the guardian ad litem who was removed from the case.
Top Side Briefing in Haaland v. Brackeen
This case is a little complicated regarding the name and who is filing when. The Court is keeping all of the documents under case number 21-376, which is Haaland v. Brackeen. But in its order granting cert, the Court stated that Texas and the foster families would file first, or be “top side” in the briefing schedule. The federal government and the tribes will file on August 5, and the subsequent amicus briefs on August 12.
If you are thinking about a pro-ICWA amicus brief and have not yet talked to Dan Lewerenz (lewerenz@narf.org) at NARF now is the time to reach out. If you are a tribe looking to sign on to the tribal amicus brief, please reach out to Erin Dougherty Lynch (dougherty@narf.org), also at NARF.
Top Side Principle Briefs
Brackeen_Haaland v. Brackeen — Opening Brief
Texas_Haaland v. Brackeen – Opening Br. for Texas
Top Side Amicus Briefs
CatoGoldwaterFosterParents_Amicus Brief
CJJr_PLF Amicus Brief – BRACKEEN – 2022.06.01 – FINAL
ProjectforFairRep_21-376 -377 -378 -380 ICWA Amicus Brief
NewCivilLiberties_21-378 Amicus NCLA Supp. Pet.
CERA_CERF Amicus Brief in Support of No Party -Final-6-2-22
ChristianICWA_21-376 -377 -378 and -380 Brief
AAAA_21-376 Amicus AAAA and NCFA
Notable additions to the anti-ICWA amicus briefs include Oklahoma and parties of ICWA cases past.
Turtle Talk 