On November 9, 2022, the Supreme Court heard oral arguments for Haaland v. Brackeen: a case that will decide the fate of the Indian Child Welfare Act (ICWA). The petitioners in this case are asking SCOTUS to declare ICWA unconstitutional. Enacted in 1978, ICWA was designed to prevent the unwarranted displacement of Indian children. Before ICWA, 25–35% of all Indian children were taken from their families and their tribal communities by state organizations, state agencies, state courts, and religious organizations.
Since at least the 1830s the court has considered Native Americans to be citizens of sovereign Tribal Nations — not a racial or ethnic group. But some expect the Court to break nearly 200 years of precedent by declaring ICWA unconstitutional based on the 14th Amendment challenge. This puts the future of Tribal Nations — Native children — at risk.
Please join NALSA (co-sponsored by La Alianza, Law Students for Climate Accountability, and HLAB – Family Law Practice) on Wednesday, November 30th at 12:30–1:30 in WCC 3007 for an hour-long discussion of the case and a review of the oral arguments. The featured panelists are Professor Maggie Blackhawk, Rebecca Nagle, and Leonard Powell.