Strict Scrutiny

The Uncertain Future of the Indian Child Welfare Act

11.14.2022 - By Crooked MediaPlay

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Rebecca Nagle, host of Crooked Media's This Land, joins Melissa, Leah, and Kate to recap the arguments in Haaland v. Brackeen. The case revolves around the Indian Child Welfare Act, which lays out a set of preferences for where Native children can be placed for foster care and adoption. The challengers, white foster parents trying to adopt Native children, are claiming a violation of the Equal Protection Clause of the 14th Amendment. But as Rebecca explains, tribal sovereignty isn't racial-- it's political.

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