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What Next | Daily News and Analysis

Will SCOTUS Take Native Children Away From Their Families?

What Next | Daily News and Analysis

Slate Podcasts

News, Daily News, News Commentary

4.32.4K Ratings

🗓️ 16 November 2022

⏱️ 30 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.


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Transcript

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0:00.0

I think that the holidays feel like frozen noses. I love walking with the dog for long periods of time.

0:10.0

Hopefully it's snowing and you've got to wrap up warm. So I think a frozen nose is

0:13.6

then sweaty armpits because like you're wrapped up so warm but then you're climbing hamps

0:17.9

and heath and you get to the top and you're like and then you can see the breath

0:21.6

but then your nose is still freezing to touch.

0:25.0

Join in every sip with red cups now back at Starbucks.

0:36.4

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

0:41.6

Navito Ahawa Imbovie, Navi American Ahawa Elizabeth Reese, Nana Meowenge, Wei Ang El Mou.

0:47.2

Hi I'm Professor Elizabeth Reese. I am.

0:50.4

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

0:55.5

The first is that she's a lawyer. Actually she's a lot professor over at Stanford.

1:01.1

The second is that Elizabeth is indigenous.

1:04.1

My English name is Elizabeth. Imbovie is my name in Teua, my traditional language,

1:09.5

a name I received when I was a baby to identify me as part of my community and it translates to

1:17.3

Willoughflower in English. For Elizabeth Imbovie, these two identities, Indian lawyer, they are

1:24.5

intertwined. There is a phrase that often gets used which is that lawyers are like the modern day

1:32.0

warriors for Indian country and I think that's unfortunately very true that it has been

1:40.8

the laws and legal systems within the United States that have done the work of conquest,

1:47.9

especially in the last few hundred years and so that has made lawyers sort of the front line

1:54.5

fighters in tribes ability to keep their sovereignty, keep their territory and keep anything else that

2:02.8

might be meaningful to them as self-covering nations.

2:09.0

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

...

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