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Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

Tribes and Textualism

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 16 June 2023

⏱️ 18 minutes

🧾️ Download transcript

Summary

This week the Court handed down five opinions, two of which involved questions related to Indian Tribes, including one of the term's major cases, Haaland v. Brackeen. The decisions are heavy on textual analysis, showing that Justice Kagan was right when she said "we're all textualists now." Your hosts discuss the opinions, and then Zack tests GianCarlo's knowledge of some lesser-known facts about the Supreme Court's history.


Further reading and listening:


Professor Natelson on the Indian Child Welfare Act.

Zack on Lac du Flambeau.

Cully Stimson and Paul Larkin on Smith.


Follow us on Twitter @scotus101 and @tzsmith. And please send questions, comments, or ideas for future episodes to scotus101@heritage.org.


Don't forget to leave a 5-star rating.


Stay caffeinated and opinionated with a SCOTUS 101 mug.



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Transcript

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0:00.0

Mr. Chief Justice, may it please the court.

0:05.6

I'm John Carlo Canoparo.

0:07.5

I'm Zach Smith.

0:08.7

And welcome to SCOTUS 101, where we break down what's happening at the Supreme Court, what the justices are up to, and other things related to our favorite branch of government.

0:20.5

Welcome back to SCOTUS 101, both listeners and Zach, who was out last week.

0:25.3

Zach, tell us about this week at the Soup and Court.

0:28.5

Well, it's good to be back, G.C.

0:30.5

We have two, maybe three weeks left in this term.

0:34.0

We have a bunch of opinions left to go.

0:36.1

And there are several significant ones that are

0:38.4

still outstanding. So without further ado, G.C., let's get into the opinions this week.

0:43.9

All right, starting with Thursday's opinions, the biggest decision was Holland v. Brackeen.

0:49.4

This case concerns the Indian Child Welfare Act, and a seven to two decision by Justice Barrett,

0:54.9

the court rejected a multi-pronged attack on that statute.

0:58.7

By way of background, the Indian Child Welfare Act requires, among other things,

1:03.2

that state courts place Indian children with Indian caregivers if ones available,

1:08.2

even if the child is already living with a non-Indian family, even if the

1:12.2

child's birth parents would like the child to stay there, and even if it would be in the child's

1:16.9

best interest not to be placed with an Indian family. This might strike you as strange, after all,

1:23.0

shouldn't the child's best interests matter above anything else, but the act specifically subordinates

1:29.2

an Indian child's personal interests to the interests of the Indian tribes in preserving their

1:34.3

racial and cultural homogeneity. So you can see the equal protection problem from a mile away.

...

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