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What Next: Will SCOTUS Take Native Children Away From Their Families?

Slate News

Slate Podcasts

News, News Commentary, Politics

4.66K Ratings

🗓️ 16 November 2022

⏱️ 29 minutes

🧾️ Download transcript

Summary

The Supreme Court case Brackeen v. Haaland concerns how adoption placement currently works under the Indian Child Welfare Act. The law prioritizes placing Native children with Native families. But depending on how the court rules, striking down or changing ICWA could affect not only adoption but Indian tribes’ entire status as sovereign nations. Guest: Elizabeth Hidalgo Reese, Stanford law professor and scholar of American Indian tribal law, federal Indian law, and constitutional law. If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get benefits like zero ads on any Slate podcast, bonus episodes of shows like Slow Burn and Amicus—and you’ll be supporting the work we do here on What Next. Sign up now at slate.com/whatnextplus to help support our work. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Today, I'm going to do things a little differently, and I'm going to let my guest introduce herself.

0:11.8

Navi to Ahawa I'm Bovi, Navi American Ahawa I'm Elizabeth Reese, Nanan Bayou Wingay,

0:15.6

Weiong, and Lu.

0:17.1

Hi, I'm Professor Elizabeth Reese.

0:20.5

This is Elizabeth Reese, and there are a couple of things you need to know about her.

0:25.6

The first is that she's a lawyer, actually she's a law professor over at Stanford.

0:31.2

The second is that Elizabeth is indigenous.

0:34.2

My English name is Elizabeth.

0:36.0

Yom Bovi is my name in Tewa, my traditional language, a name I received when I was a baby

0:43.4

to identify me as part of my community, and it translates to Willowflower in English.

0:48.9

For Elizabeth, Yom Bovi, these two identities, Indian lawyer, they are intertwined.

0:55.6

There is a phrase that often gets used, which is that lawyers are like the modern-day

1:01.9

warriors for Indian country.

1:05.3

And I think that's unfortunately very true, that it has been the laws and legal systems

1:13.2

within the United States that have done the work of conquest, especially in the last

1:18.9

few hundred years, and so that has made lawyers sort of the frontline fighters in tribe's

1:26.0

ability to keep their sovereignty, keep their territory, and keep anything else that might

1:33.0

be meaningful to them as self-covered nations.

1:39.1

I called up Elizabeth because I wanted her to explain this case that's been characterized

1:44.1

as the next frontier in tribal sovereignty.

1:47.5

I was arguing in front of the Supreme Court last week.

1:50.5

It's known as Brachene V. Holland.

...

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