Episode 76: SCOTUS Threatens Much of Indian Law episode artwork

EPISODE · Nov 15, 2022 · 46 MIN

Episode 76: SCOTUS Threatens Much of Indian Law

from Broken Law · host American Constitution Society

The Indian Child Welfare Act (ICWA) has been a successful federal law since it was enacted in 1978 and is considered by many experts to be the gold standard of child welfare practices. And yet, decades later, a federal court ruled ICWA unconstitutional in a widely criticized 2021 decision. The case, Brackeen v. Haaland, is now before the Supreme Court, which could with its decision rewrite much of Indian Law as we know it. Lindsay Langholz is joined by Professor Matthew Fletcher to debrief the oral arguments in the case and discuss the implications of potential outcomes. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Lindsay Langholz, ACS Senior Director of Policy and Program Guest: Matthew Fletcher, Harry Burns Hutchins Collegiate Professor of Law, Michigan Law Link: Brief of Indian Law Professors as Amici Curiae in Support of Federal and Tribal Defendants Link: SCOTUS oral argument in Haaland v. Brackeen Link: "The Story of Baby O—and the Case That Could Gut Native Sovereignty," by Rebecca Nagle Link: This Land podcast, hosted by Rebecca Nagle Visit the Podcast Website: Broken Law Podcast Email the Show: [email protected] Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2022.Visit the Podcast Website: Broken Law PodcastEmail the Show: [email protected] ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

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The Indian Child Welfare Act (ICWA) has been a successful federal law since it was enacted in 1978 and is considered by many experts to be the gold standard of child welfare practices. And yet, decades later, a federal court ruled ICWA unconstitutional in a widely criticized 2021 decision. The case, Brackeen v. Haaland, is now before the Supreme Court, which could with its decision rewrite much of Indian Law as we know it. Lindsay Langholz is joined by Professor Matthew Fletcher to debrief th...

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Episode 76: SCOTUS Threatens Much of Indian Law

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