Whose Welfare?

The Supreme Court upheld various provisions of the controversial Indian Child Welfare Act last week.  The facts of Haaland v. Brackeen, and some provisions of the Act, raise dramatic questions about questions of best interests of children, of the nature of tribal entities, and of who speaks for whom.  The opinion itself largely sidesteps many of these questions and instead dives into areas which Professor Amar has long offered his expertise - going back nearly 20 years or more.  No wonder, then, that he is cited twice in this case, and now our listeners have the chance to learn from the acknowledged expert on these matters.