Tag Archives: reservations

Native American children’s protection against adoption by non-Indian families is before the Supreme Court

Tehassi Hill, tribal chairman of the Oneida Nation, stands outside a U.S. appeals court in 2019 after arguments in case that has made its way to the Supreme Court.
AP Photo/Kevin McGill

 

Kirsten Matoy Carlson, Wayne State University

The Supreme Court is about to hear arguments about the constitutionality of a 1978 law enacted to protect Native American children in the U.S. and strengthen their families.

That law, the Indian Child Welfare Act, was originally passed by Congress in response to requests from tribal leaders and other advocates for Native Americans to stop states from removing Indian children from their families. Continue reading

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‘An Act of Conquest’: Native Americans Condemn SCOTUS Tribal Sovereignty Ruling

“Every few paragraphs of the majority opinion has another line that dismissively and casually cuts apart tribal independence that Native ancestors gave their lives for,” observed one Indigenous law professor.

By Brett Wilkins  Published 6-29-2022 by Common Dreams

The United States Supreme Court in Washington, D.C. ruled on June 29, 2022 that authorities in Oklahoma and other states can prosecute certain crimes on sovereign tribal land. Photo: Beatrice Murch/flickr/CC

Indigenous leaders on Wednesday condemned a U.S. Supreme Court ruling that allows authorities in Oklahoma and other states to prosecute certain crimes on sovereign tribal land, a narrowing of a landmark 2020 decision affirming Native treaty rights.

Writing for the majority in the 5-4 Oklahoma v. Castro-Huerta decision—in which Neil Gorsuch joined the three liberal justices in dissent—Justice Brett Kavanaugh asserted that “the federal government and the state have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian Country.” Continue reading

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