![]() The opinion is 325 pages long, and given its length and complexity, we are still analyzing the decision and will provide further information in the coming days. While the Protect ICWA Campaign is pleased to see that the court recognized that ICWA generally is within Congress’s authority, we are deeply concerned that aspects of this opinion misunderstand the unique relationship between the United States and tribal nations. Haaland, a case challenging the constitutionality of the Indian Child Welfare Act (ICWA). Yesterday, April 6, 2021, the United States Fifth Circuit Court of Appeals published its en banc decision in Brackeen v. Bernhardt) Published on Apr 07, 2021įOR IMMEDIATE Circuit Court of Appeals Issues En Banc Decision in Brackeen v. ![]() Fifth Circuit Court of Appeals Issues En Banc Decision in Brackeen v.
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