everything else could go with it. what s the risk here? it takes a couple steps to understand but basically the plaintiffs say that icwa discriminated against them based on race because they are non native any treated them differently than it would have if they had been native foster parents. another important side note is that nominated foster parents behind this lawsuit actually custody. there is a whole host of federal laws that tree tribe and tribal citizens differently, not based on race but based on our political status. it goes back to our treaty relationship with the u.s. federal government. just like i m a citizen of the united states, a resident of oklahoma, certain laws apply to me. certain laws apply to me because i m a citizen of a cherokee nation. i literally, since the founding of the republic, congress has been passing laws that applies to tribes and tribal citizens. the fear is that icwa is discrimination, but what about
about civil rights? or is it truly about the return of the dark legacy of colonialism? that s a big question. i think at its core this is about tribal sovereignty. via plaintiffs are making some really broad arguments and that it was discriminating against them, discriminated against them based on race. at its core, it threaten the structure of federal indian law. that s what makes this lawsuit so scary is that if the supreme court rules in favor of the it could call into question the legal foundation protecting the rights of indigenous nations in this country. let s talk about the worst-case scenario. you know, let s talk about it s disappearing in the gutting of a gala. i mention this because you wrote in the atlantic, you said, i fear that the bracket in a lawsuit is the first in a row of dominoes. if the court strikes down icwa,
will mark native american history month by kicking off its annual tribal nations summit. representatives from tribes across the country will meet with imagination officials to discuss the important issues facing their communities. the senate comes as many within those communities are anxious in watching the supreme court reviews breaking v holland, the case that challenges the indian child welfare act. tribal leaders argue that striking down the law would jeopardize the well-being of thousands of indigenous children while threatening the very notion of native american sovereignty. here to discuss is rebecca, the chair cherokee writer, author, and host of crooked medias this land podcast. thank you so much for having me. i want to start with the basics. really grounding us in the importance and significance of the indian child welfare act. why congress enacted this over four decades ago. can we start there? absolutely. when it was passed in the late
late spring or early summer. earlier this month he wrote in the atlantic, quote, i feel that the brackeen lawsuit is the first in a row of dominoes. if the court struck down icwa, everything else could soon go with. it neil gorsuch, one of the court s conservative justices, seem to agree with that concern with the argument that we made last. week saying the other laws related to health care and many other civil liberties would become vulnerable if icwa was overturned. a lot of non native viewers will not really register about the things that people living on native nations enjoy today that could fall, and why that could be detrimental to somebody like you. absolutely. gershengorn i like you said in that quote go to a health care clinic to get my health. care we have laws where we have land rights. we pass environmental regulations. there is a lot that tribes it s trouble governments and tribal citizens do because we are part
and it took her six years. the other big argument coming from texas is kind of a states rights argument. they are saying that congress basically overstepped its bounds. by passing this law and that congress does not have the authority to pass a law like this. it was passed in 1970. eight it had broad bipartisan support. because congress had learned the decades prior to 1978, between 25 and 35% of all indian children nationwide were removed from their homes. 90% of those children were placed into non indian homes. so if icwa it is undermined, what s in your opinion in 2022 is the impact on the native children? ups elusively. i think there is a lot of evidence that there is a lot of bias in the welfare. system needed children or the foster care at really high rates. what icwa does it help kiet