Cherokee Nation to appeal decision striking down Native American adoption law

[riversedge]

Source: CBS


October 11, 2018, 10:48 PM



The Cherokee Nation is planning to appeal a decision last week that struck down a law governing the adoptions of Native American children, according to Cherokee Nation Deputy Attorney General Chrissi Ross Nimmo. The law, which was meant to keep the children within Native American families, was deemed unconstitutional by a federal judge in Texas.

U.S. District Judge Reed O'Connor, in an Oct 4 ruling, found that the Indian Child Welfare Act of 1978 (ICWA) illegally gives Native American families preferential treatment in adoption proceedings for Native American children based on race.

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In this case, O'Connor found the law ''offends the structure of the Constitution,'' since it requires state courts to implement a policy ''unequivocally dictated'' by the federal government. The same principle has been used by two federal courts, in Pennsylvania and California, to block Trump administration action on sanctuary cities.

The decision has shocked Native American advocates who have relied upon the law to help promote stability and keep Native American families and tribes together.

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Read more: https://www.cbsnews.com/news/cherokee-nation-to-appeal-decision-striking-down-native-american-adoption-law/?ftag=COS-05-10aaa0g&utm_campaign=trueAnthem:+New+Content+(Feed)&utm_content=5bc011f104d3016d9e8ff9d9&utm_medium=trueAnthem&utm_source=twitter

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Something seems off here but I am no law expert.

Link to tweet

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[iluvtennis]

1. There was no reason to change the law in the first place. I agree there is something smelly here.

[CountAllVotes]

2. Indian Child Welfare Act of 1979

An Act to establish standards for the placement of Indian children in foster or adoptive homes, to prevent the break-up of Indian families, and for other purposes.

https://en.wikipedia.org/wiki/Indian_Child_Welfare_Act

Doesn't this go against this "act" from 1979?

The idea is to keep Indian families together, not apart!

As for the adoptive homes issue, I've seen how that works as my own mother came from such an "arrangement" and wow did it ever suck!

[tymorial]

3. Didnt the supreme court already weigh in on this law

Adoptive couple vs Baby Girl. The court didnt strike down the law in its entirety but they did strike down the preferred placement of a child in another Indian family when no other party has formally sought to adopt. This case was brought specifically from a father that relinquished his rights so maybe it was only concerning familial relationships with the child.

The law wasnt deemed unconstitutional though but I dont know enough about procedure if the court could rule on that without specific challenge.

[turbinetree]

4. Well lets ask him what he thinks of George W. Bush ...............

since he nominated him onto the court ..........................His record of making decisions is based on just hurting human beings, he made rulings against Title IX, he made rulings on the ACA, and then to top it all off, he decided that Indigenous people sovereignty of 250 years based on the Constitution doesn't mean a fucking thing.......................so in closing who the fuck do you think he belongs to..............................the fucking Federalist Society......................another asshole that thinks and hates the Constitution just like the Koch's..........................................


https://fedsoc.org/contributors/reed-o-connor


His fucking Resume.........................

https://en.wikipedia.org/wiki/Reed_Charles_O%27Connor