Greg Ablavsky takes down Justice Thomas' flawed #Originalism (and Thomas' hate-footnote trying to rebut Greg's fabulous work) in his Haaland v. Brackeen dissent.

Kinda sad when the best support for your theories is your own dissents & concurrences, plus a 20 yr old article in the Denver L. Review, but that's what happens when you start with results then try to make the history fit later.
#Law #LawFedi #SCOTUS #Brackeen #ICWA #HIstory #Indigenous
https://slate.com/news-and-politics/2023/06/clarence-thomas-indian-law-originalism-history.html

Just another note on #Brackeen--the case is captioned Haaland v. Brackeen, and I'm so glad Deb Haaland, the first Indigenous Secretary of Interior, didn't have to have a big tribal loss named after her

Gorsuch concurrence is something else--this is inside federal Indian law baseball, but he describes Kagama with its extraconstitutional plenary power as a wrong turn from which federal Indian law is recovering & argues plenary power does not permit abrogation of tribal sovereignty. That goes beyond even what J Thurgood Marshall wrote. #Brackeen #ICWA #Law

Justice Barrett's #Brackeen opinion also makes a subtle plug for the importance of precedent over claims to textual originalism: Petitioners "frame their arguments as if the slate were clean. More than two centuries in, it is anything but." #ICWA #Law

Justice Barrett writes 7-2 (!!!) opinion in #Brackeen--I thought she would be the swing vote, but Roberts & Kavanaugh join. They correctly find no standing on #EqualProtection claims #SCOTUS #Law #ICWA

ICWA and federal Indian law survive!!!! Court declines to disturb 5th Amendment Indian affairs analysis, affirmed that Indian affairs power goes beyond economic activity, and rejects 10th Amendment challenges!
#Brackeen #ICWA #SCOTUS #FediLaw #LawFedi
https://www.supremecourt.gov/opinions/22pdf/21-376_7l48.pdf

Another day without a #SCOTUS decision in #Brackeen. Today's decision keeping alive the #VotingRightsAct gives me hope that #ICWA may survive this Court. Plus, Justice Gorsuch did not write an opinion this round, so maybe he gets Brackeen??

Great news--Wyoming is the latest state to codify #ICWA into law, undermining potential #Brackeen holdings on #StatesRights (but not #EqualProtection ones). Republican Governor Mark Gordon declared "This bill celebrates the partnership between the tribes and the state of Wyoming, and our willingness to work together on these important issues that affect all of us." #Indigenous

https://www.law360.com/nativeamerican/articles/1584508

HR 8954 (https://www.congress.gov/bill/117th-congress/house-bill/8954?s=1&r=6) looks to add ICWA protections to IV-B plan requirements. Its effectiveness -- if passed -- will likely rely on exactly how far the reasoning in the Brackeen decision goes. Could be important in that anything that helps protect Native children is incredibly important - especially as those protections continue to be threatened. Interested if anyone here sees potential negatives or other positives? @law #lawstodon #law #Brackeen #ICWA

Free ABA Webinar next Tuesday, 11/29, on Brackeen v Haaland, with Paul Spruhan from Navajo DOJ & Erin Lynch from NARF & Suzanne Garcia from the Tribal Law & Policy Institute #ICWA #Brackeen #SCOTUS #ABA https://www.americanbar.org/groups/crsj/events_cle/recent/decoding-brackeen/

Free ABA Webinar next Tuesday, 11/29, on Brackeen v Haaland, with Paul Spruhan from Navajo DOJ & Erin Lynch from NARF & Suzanne Garcia from the Tribal Law & Policy Institute #ICWA #Brackeen #SCOTUS #ABA https://www.americanbar.org/groups/crsj/events_cle/recent/decoding-brackeen/

Listening to #ThisLand podcast about #ICWA and the pending #SCOTUS case about the Indian Child Welfare Act. We need to pay attention. We must ensure that Native American tribes can maintain their sovereignty. This is another case where the Supreme Court might reinforce white supremacy and build conservative power. #brackeen https://podcasts.apple.com/us/podcast/this-land/id1464954218?i=1000532151307

RT @rebeccanagle@twitter.com

After some cringe-worthy coverage from non-Native outlets, here is a run down of Native journalists covering last week’s #scotus oral arguments in Haaland v #Brackeen.

@jourdanbb@twitter.com & @Pdineclah@twitter.com covered protests outside #SCOTUS for @IndianCountry@twitter.com

https://indiancountrytoday.com/news/indigenous-people-flock-to-dc-for-icwa-hearing

🐦🔗: https://twitter.com/rebeccanagle/status/1592946075987763200

RT @rebeccanagle@twitter.com

After some cringe-worthy coverage from non-Native outlets, here is a run down of Native journalists covering last week’s #scotus oral arguments in Haaland v #Brackeen.

@jourdanbb@twitter.com & @Pdineclah@twitter.com covered protests outside #SCOTUS for @IndianCountry@twitter.com

https://indiancountrytoday.com/news/indigenous-people-flock-to-dc-for-icwa-hearing

🐦🔗: https://twitter.com/rebeccanagle/status/1592946075987763200

RT @rebeccanagle@twitter.com

After some cringe-worthy coverage from non-Native outlets, here is a run down of Native journalists covering last week’s #scotus oral arguments in Haaland v #Brackeen.

@jourdanbb@twitter.com & @Pdineclah@twitter.com covered protests outside #SCOTUS for @IndianCountry@twitter.com

https://indiancountrytoday.com/news/indigenous-people-flock-to-dc-for-icwa-hearing

🐦🔗: https://twitter.com/rebeccanagle/status/1592946075987763200

New rule: Ian Gershengorn gets double time at argument. #SCOTUS #Brackeen

RT @rebeccanagle@twitter.com

During the #SCOTUS oral argument in #Brackeen several Justices seemed to think #ICWA takes Native children from foster parents they attached to & that’s bad.

So here’s a list of every time the foster parents in this case moved a foster kid or fought for a kid to be moved:

🐦🔗: https://twitter.com/rebeccanagle/status/1590795301786628096

RT @rebeccanagle@twitter.com

During the #SCOTUS oral argument in #Brackeen several Justices seemed to think #ICWA takes Native children from foster parents they attached to & that’s bad.

So here’s a list of every time the foster parents in this case moved a foster kid or fought for a kid to be moved:

🐦🔗: https://twitter.com/rebeccanagle/status/1590795301786628096

RT @rebeccanagle@twitter.com

During the #SCOTUS oral argument in #Brackeen several Justices seemed to think #ICWA takes Native children from foster parents they attached to & that’s bad.

So here’s a list of every time the foster parents in this case moved a foster kid or fought for a kid to be moved:

🐦🔗: https://twitter.com/rebeccanagle/status/1590795301786628096

RT @bethanyrberger@twitter.com

Live-tweeted most of the #Brackeen argument--not quite as bad as I feared, but Justice Barrett again seems like the swing vote & she seems troubled about scope of the Mancari test & commandeering and active efforts #SCOTUS #ICWA https://twitter.com/bethanyrberger/status/1590364031050665985

🐦🔗: https://twitter.com/bethanyrberger/status/1590413387728846848