Future Retirement Success
  • Politics
  • Business
  • Investing
  • Stocks
  • Politics
  • Business
  • Investing
  • Stocks

Future Retirement Success

Investing

Court’s ICWA Ruling Doesn’t Reach Individual Rights Claims

by June 15, 2023
June 15, 2023

Walter Olson

The Supreme Court today in Haaland v. Brackeen, a challenge to the Indian Child Welfare Act of 1978, did not reach the underlying Constitutional issues of equal protection and individual rights for children and families, and these remain to be resolved another day. Instead, the Court addressed important structural issues concerning the relationship between federal, state, and tribal governments. It interpreted the Constitution as giving robust powers to Congress to regulate Indian matters, while sharply limiting the underlying authority of state governments. It also found the doctrine of “commandeering” inapplicable to the facts here and denied some claims of standing. The 7–2 decision was written by Justice Amy Coney Barrett, with Justice Clarence Thomas writing a dissent that was joined by Justice Sam Alito.

Future cases may frame more sharply than this one did such questions as whether children and parents who have never lived in tribal relations or in Indian country may nonetheless be subjected to tribal sovereignty and special custody presumptions because of blood descent alone. Cato raised some of these issues in its brief.

Everyone interested in these issues should read Justice Neil Gorsuch’s eloquent concurrence, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, in which he lays out the grim history of government intervention in Indian family life to which ICWA was a reaction. It is a history in which agents of the state intervened to take children away from the only families they had ever known, very much against those families’ will, to place them with complete strangers in pursuit of vague remedial goals. Some will see in this history above all an assault on Indian tribes as collective entities. Others — I am one — will be moved to horror above all by the flagrant violations of individual and family rights. We should take care not to repeat such violations in pursuit of new remedial objectives.

0
FacebookTwitterGoogle +Pinterest
previous post
Colombia Should Legalize Adult Marijuana Use Today
next post
Inflation Has Been Coming Down So Fed’s Rate Pause Is Reasonable

You may also like

Taiwan Arms Backlog, December 2024 Update: Abrams Delivery...

January 14, 2025

Unintended Consequences of Vaccine Mandates: Good Intentions Are...

March 4, 2024

Can Million-Dollar Apartments Solve California’s Housing Crisis?

October 18, 2024

David Boaz, RIP: Reflections on a Great Libertarian,...

June 7, 2024

Keep Politics Out of GDP Calculations

March 5, 2025

“Foreign Debt” or “Foreign Investment”? How the Trade...

April 25, 2023

FISA Bill of Rights Sellout Update

February 12, 2024

Annual Chance of Being Murdered by a Foreign-Born...

April 9, 2024

Trump Keeps Defying Established Law—What’s Up With That?

February 3, 2025

Fraud in the Covid Relief Programs

June 29, 2023

    Get free access to all of the retirement secrets and income strategies from our experts! or Join The Exclusive Subscription Today And Get the Premium Articles Acess for Free

    By opting in you agree to receive emails from us and our affiliates. Your information is secure and your privacy is protected.

    Recent Posts

    • TSA tells Americans their Costco cards won’t fly at airport security despite love for hot dogs

      June 7, 2025
    • Trump announces China will restart rare earth mineral shipments to US after productive call

      June 7, 2025
    • Musk feud presents ‘unprecedented’ dynamic compared to past Trump disputes: expert

      June 7, 2025
    • Snub of Musk’s NASA nominee ally preceded sudden ‘big, beautiful bill’ criticism, Trump feud

      June 6, 2025
    • Supreme Court rules DOGE can access Social Security information

      June 6, 2025
    • US sanctions money laundering network aiding Iran as regime faces nuclear reprimand at IAEA

      June 6, 2025

    Categories

    • Business (8,149)
    • Investing (2,019)
    • Politics (15,558)
    • Stocks (3,134)
    • About us
    • Privacy Policy
    • Terms & Conditions

    Disclaimer: futureretirementsuccess.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

    Copyright © 2025 futureretirementsuccess.com | All Rights Reserved