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calendar_today08-04-2008 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.'

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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.'

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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.''

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Justice Gorsuch adds this nugget in explaining the sovereignty of Indian nations--as understood for CENTURIES: 'We now know that, at the founding, the Tribes retained their sovereignty. We know also that States have virtually no role to play in managing interactions with Tribes.'

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Justice Gorsuch on Indian Country-isms:'This observation sheds light on why ordinary speakers use the two terms differently. It explains, for instance, why it is grammatical to say you are vacationing 'in Colorado,' but not to say you are vacationing 'in Navajo.''

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More from Justice Gorsuch on historic decision in Indian Child Welfare Act case: 'Today, the Court takes further steps in the right direction. It recognizes that Congress’s powers with respect to the Tribes 'derive from the Constitution, not the atmosphere.''

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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.'

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For more emphasis, Justice Gorsuch adds: 'And as this Court has long recognized, domestic law arrangements fall within Tribes’ traditional powers of self-governance.'

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On final page of concurring opinion, Justice Gorsuch understands the assignment:'Often, Native American Tribes have come to this Court seeking justice only to leave with bowed heads and empty hands. But that is not because this Court has no justice to offer them.'

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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.'

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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.

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
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