The Indian Child Welfare Act Is Before The Supreme Court. What Is It?
1A
NPR
4.3 • 4.5K Ratings
🗓️ 30 November 2022
⏱️ 33 minutes
🧾️ Download transcript
Summary
Earlier this month, the Court heard oral arguments in the case Haaland v. Brackeen, the legal action about who gets precedence when it comes to adopting Native children.
We discuss what the Indian Child Welfare Act does and if struck down, what it could mean for tribal law and Native Americans.
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Transcript
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| 0:00.0 | Almost a decade ago, the Supreme Court heard oral arguments in the case of adopted couple |
| 0:12.6 | the baby girl. |
| 0:14.3 | The 2013 case hinged on several provisions of the Indian Child Welfare Act that's a piece |
| 0:19.7 | of federal law that gives tribal government's exclusive jurisdiction over children who reside |
| 0:24.1 | on a reservation. |
| 0:25.1 | Here's the plaintiff's attorney, Lisa Blatt, and that case is closing arguments. |
| 0:29.2 | Your decision is going to apply it in the next case, and to a apartment in New York City |
| 0:34.8 | where a tribal member impregnates someone who's African American or Jewish or Asian Indian. |
| 0:40.6 | And in that view, even though the father is a completely absentee father, you are rendering |
| 0:44.8 | these women second-class citizens with inferior rights to direct their reproductive rights and |
| 0:50.8 | their who raises their child. |
| 0:53.3 | You are relegating adoptive parents to go to the back of the bus and wait in line if they |
| 0:57.8 | can adopt. |
| 0:58.8 | And you're basically relegating the child. |
| 1:01.6 | The child to a piece of property with a sign that says Indian, keep off. |
| 1:06.2 | Do not disturb. |
| 1:08.2 | Fast forward to 2022, and the Indian Child Welfare Act is before the country's highest court |
| 1:13.4 | yet again. |
| 1:14.4 | Earlier this month, the Supreme Court heard oral arguments in the case, Holland V. Bracken. |
| 1:19.1 | That's another legal action about who gets precedents when it comes to adopting native |
| 1:23.6 | children. |
| 1:24.6 | Here's Brett Kavanaugh, Associate Justice of the Supreme Court. |
... |
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