National Council for Adoption v. Jewell

Government’s Motion to Transfer Venue in Nat’l Council for Adoption v. Jewell (ICWA Guidelines Litigation) Denied

Kate Fort

The Feds wanted to move the case to Arizona (the location of Goldwater v. Washburn, the class action case).

Order here.

Pleadings:

MotiontoTransfer_MemoinSupport

MotioninOppositiontoXfer

ReplyinSupportMotiontoXfer

Here is the Government’s answer to the initial complaint: 43 – Answer

The plaintiffs also filed a motion for summary judgment before time had run for the Government to respond to the initial complaint:

PartialSummaryJudgment_MotioninSupport

Documents filed in this case are also all being kept here (under the “Kathryn E. Fort” tab at the top of Turtle Talk’s main page).

Adoption Industry Sues to Challenge New ICWA Guidelines

Matthew L.M. Fletcher

Here is the complaint in National Council for Adoption v. Jewell (E.D. Va.):

Complaint

Oops. Kate posted this forever ago.

Complaint in National Council for Adoption v. Jewell–Litigation Challenging the 2015 ICWA Guidelines

Kate Fort2 Comments

Here.

Plaintiffs argue the 2015 Guidelines violate the APA, due process of birth parents and children, equal protection of birth parents and children, the 10th amendment, and manage a quick sideswipe at ICWA itself on page 38 (exceeds Congress’s authority under the Indian Commerce Clause).