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08-04-2008 21:58:40
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Justice Gorsuch explains while Indian Child Welfare Act exists: 'In all its many forms, the dissolution of the Indian family has had devastating effects on children and parents alike.' #Brackeen #DefendICWA #ProtectICWA #ICWA
Justice Gorsuch in support of tribes in Indian Child Welfare Act case: 'It has also presented an existential threat to the continued vitality of Tribes—something many federal and state officials over the years saw as a feature, not as a flaw.' #Brackeen #DefendICWA #ProtectICWA
In explaining need for Indian Child Welfare Act, Justice Gorsuch cites ongoing investigation US Department of the Interior of Indian boarding schools: 'So as they ceded their lands, Tribes also negotiated 'more than 150' treaties with the United States that included 'education-related provisions.''
Justice Gorsuch continues: 'By now, the full picture has come into view and it is easy to see why ICWA must stand. Under our Constitution, Tribes remain independent sovereigns responsible for governing their own affairs.' #ICWA #Brackeen #DefendICWA #ProtectICWA
For more emphasis, Justice Gorsuch adds: 'And as this Court has long recognized, domestic law arrangements fall within Tribes’ traditional powers of self-governance.' #ICWA #Brackeen #DefendICWA #ProtectICWA
Justice Gorsuch: 'Our Constitution reserves for the Tribes a place—an enduring place—in the structure of American life. It promises them sovereignty for as long as they wish to keep it.' #ICWA #Brackeen #DefendICWA #ProtectICWA
The final page -- more importantly the final paragraph -- of Justice Neil Gorsuch's concurring opinion in Indian Child Welfare Act case demands its own post. #ICWA #Brackeen #DefendICWA #ProtectICWA