greeneggzN
greeneggzN t1_ivi3ws0 wrote
Reply to comment by chiseledarrow in Native child welfare law faces major Supreme Court challenge by Banemorth
They’re referencing Castro v Huerta in which the ignored precedence, including certain aspects of McGirt, to dial back tribal sovereignty in their own territories. Gorsuch wrote the dissent on that one and was not very happy.
greeneggzN t1_ivi46kh wrote
Reply to comment by 1LizardWizard in Native child welfare law faces major Supreme Court challenge by Banemorth
The thing is that ICWA is not preferential treatment based on race, it’s about nation to nation agreements and special political/citizen status of tribal members that allows laws and policies like ICWA to exist. If ICWA is struck down it will likely have a domino affect in the realm of Indian law