Is SCOTUS Coming for Indigenous Children?
At Liberty
At Liberty
4.8 • 585 Ratings
🗓️ 27 October 2022
⏱️ 33 minutes
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| 0:00.0 | From the ACLU, this is at Liberty. |
| 0:06.2 | I'm Kendall Seasmayer, your host. |
| 0:13.1 | On November 9th, the Supreme Court will hear oral arguments in the case of Brekeen v. Holland. |
| 0:20.2 | At the center of the case are the future of |
| 0:22.2 | indigenous rights and tribal sovereignty. The case involves the Indian Child Welfare Act, |
| 0:29.2 | otherwise known as ICWA, for short, an act that was passed in the 70s to protect native |
| 0:35.9 | children from removal from their community and culture |
| 0:38.8 | and to keep families together. Texas, together with individual plaintiffs, alleged that ICWA is |
| 0:47.1 | unconstitutional because they say it violates the equal protection clause and discriminates |
| 0:53.3 | against non-native families, looking to |
| 0:56.1 | adopt native children. But honoring tribal sovereignty isn't about discrimination or race. That's a |
| 1:05.3 | fundamental misunderstanding of indigenous rights. To learn more about the case, the threat to indigenous rights, and the |
| 1:13.1 | reasons that ICWA was enacted in the first place, I spoke with Jamie Nelson and Stephanie |
| 1:18.5 | Amiat. Here are their stories. My name is Jamie Nelson. I am a Choi Numni Yocuts man from Fresno, California. I am alive. I am here, |
| 1:32.0 | and I'm ready to tell my story. Jamie was separated from his family, tribe and culture when he was a small |
| 1:39.9 | child. He was adopted by a white family, and his siblings were adopted by other non-native |
| 1:46.0 | families. He calls himself a survivor of pre-Indian Child Welfare Act abuses. His removal was |
| 1:54.6 | deeply traumatic and left him with both terror and confusion. There's a lot of muddy water in there. |
| 2:02.3 | I know that it happened at a very young age in the late 70s. |
| 2:06.9 | My biological parents, they were... |
| 2:09.6 | My mom was either addicted to drugs. |
| 2:12.1 | My dad was a pretty bad dude. |
... |
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