Ohio, Legal Nonprofit Urge High Court To Hear ICWA Dispute

By Diamond Naga Siu (October 6, 2021, 8:11 PM EDT) — Ohio and the Project on Fair Representation each urged the U.S. Supreme Court to hear petitions on the Indian Child Welfare Act’s constitutionality after the Fifth Circuit upheld and overturned parts of a lower court decision that found the law unconstitutional.

A Texas federal judge in October 2018 ruled in a summary judgment that the ICWA was unconstitutionally race-based and gave tribes too much power over states to decide how to implement it in adoption and custody cases. The Fifth Circuit overturned the decision, but a lengthy en banc decision by 16 judges of the appellate court later upheld some of…

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