Blue Mass Group

Reality-based commentary on politics.

  • Shop
  • Subscribe to BMG
  • Contact
  • Log In
  • Front Page
  • All Posts
  • About
  • Rules
  • Events
  • Register on BMG

The New Racism has ICWA in its cross hairs in Brakeen v. Zinke

October 9, 2018 By AmberPaw 5 Comments

First, what is ICWA? Answer: The Indian Child Welfare Act. For more than 100 years, our country engaged in the wholesale kidnapping of Native American Children. These children were ripped from their parents and tribes, whipped for speaking their own language, starved and beaten all to get the Indian out of them – as recently as 1970, and in every state. Adam Mazo is the co-director of Dawnland and Upstander Project which filmed the first Truth and Reconciliation Commission in the USA, in Maine. Now adult, some of those who had holes punched in their identities, their families and their lives give searing testimony. Chief Slow Turtle of Massachusetts was one of those who shepherded ICWA into being. I knew him, not intimately, but well enough to honor his memory and his work. Here is the trailer for Dawnland, which will also be shown by PBS on 11/5/18.

Dawnland Trailer 2018 from Upstander Project on Vimeo.

The docket number for the Texas case is 17 CV 00868. You can read the docket entries and briefs at this site, including the multiple motions by Native American tribes like the Navajos and Cherokees to intervene. No, local mainstream media has not been covering this, but yes, people in my field of law are watching, intently.

An in-depth story on Texas case.

A few quotes, which may explain why I think Kavanaugh is a disaster for this case and out of his depth:
“In Brackeen v. Zinke, U.S. District Judge Reed O’Connor ruled in favor of three states – Texas, Indiana and Louisiana – and several foster and adoptive couples, declaring that the Indian Child Welfare Act (ICWA) was a race-based law lacking a present-day articulation of its need. Citing a recent Supreme Court ruling on sports gambling, O’Connor also ruled that ICWA unfairly expected states and tribes to enforce federal standards.”

And as for the children themselves, and why the tribes [and Chief Slow Turtle back in the day] care and cared so much, a few more quotes:

“Native Americans in Foster Care

There were 17,896 American Indian or Alaska Native youth in foster care in 2012, according to federal data obtained by The Chronicle. That number had risen to 20 percent, to 21,576, by 2016.

In most states, these youth make up a tiny fraction of the overall foster care population. But they make up a third of all foster youth in six states: Minnesota, Oklahoma, Montana, North Dakota, Alaska and South Dakota.

Federal data also shows an increase in foster homes that identify as American Indian or Alaska Native households. There were 3,793 such foster homes in 2016, about 1,000 more than there were in 2012.

Sixty-four percent of those homes are in the six states with the highest percentage of Native foster youth, but it is hardly an even split. For example, Oklahoma has more than 1,000 Indian foster homes by itself. In South Dakota, where 60 percent of foster youth are American Indian, federal data shows only 16 American Indian foster homes.

A recent award-winning investigation into South Dakota’s child welfare system by NPR found that the number of Indian youth in foster care was wildly disproportionate to their proportion of society, and that 90 percent of those youth were not kept with their families or tribes.”

So how hideous is it that ICWA may be heading to the USSCT now? Very hideous.

Please share widely!
fb-share-icon
Tweet
+2
0

Filed Under: Editor, User

Comments

  1. AmberPaw says

    October 9, 2018 at 5:24 pm

    All of the links are good on my computer; not sure why these links are not “live” in the post, and would love help with this.

    Log in to Reply
    • AmberPaw says

      October 9, 2018 at 5:33 pm

      Thanks Charley – can the other links be fixed too and do send me a recipe for how to do this right on gmail or the link where y’all explain in the online “backroom”

      Log in to Reply
    • Charley on the MTA says

      October 9, 2018 at 5:36 pm

      Well, I would always hyperlink text: Select the text you want to insert a link with; and then click the little chain-link icon, and paste the link in. Then you have linked text.

      Log in to Reply
      • Charley on the MTA says

        October 9, 2018 at 5:39 pm

        That being said, I’m not sure why certain links self-link, while others remain looking like text. Mysterious.

        Log in to Reply
        • AmberPaw says

          October 9, 2018 at 7:50 pm

          Again, thank you for your assistance and patience, Charley. And the Brakeen case and what it could spawn and do to ICWA really does still matter in this day, time, and mean-spirited national climate.

          Log in to Reply

Leave a Reply Cancel reply

You must be logged in to post a comment.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Recommended Posts

  • Progressive Mass Shouldn’t Back Stupid Primaries (3)
  • There Is Not A Chance the White House is Happy With This Timing (3)
  • Promises made, promises kept (1)
  • Real “Center” is Economically Nationalist/Culturally Moderate (1)

Recent User Posts

Progressive Mass Shouldn’t Back Stupid Primaries

August 12, 2022 By jconway 7 Comments

There Is Not A Chance the White House is Happy With This Timing

August 10, 2022 By terrymcginty 8 Comments

Site issue: Unable to reply to comments

August 10, 2022 By SomervilleTom 2 Comments

Why do PUKES oppose $35 insulin for diabetics with private insurance?

August 8, 2022 By fredrichlariccia 3 Comments

Promises made, promises kept

August 8, 2022 By fredrichlariccia Leave a Comment

Schedule F

August 7, 2022 By johntmay 4 Comments

Recent Comments

  • SomervilleTom on Progressive Mass Shouldn’t Back Stupid PrimariesTommy Vitolo was directly responsible for the Brookline…
  • SomervilleTom on Progressive Mass Shouldn’t Back Stupid PrimariesThis comment exemplifies why I'm done with "Progressive…
  • Keith Bernard on Progressive Mass Shouldn’t Back Stupid PrimariesDon't get mad at Progressive Mass because Tommy Vitolo i…
  • fredrichlariccia on Progressive Mass Shouldn’t Back Stupid PrimariesThe other half of Wakefield (Precincts 4 - 6) is in the…
  • fredrichlariccia on Progressive Mass Shouldn’t Back Stupid PrimariesThe 9th Essex district James and I share as fellow Wakef…
  • fredrichlariccia on Progressive Mass Shouldn’t Back Stupid PrimariesYou hit the nail on the head here. Namely: Holier than T…
  • SomervilleTom on Progressive Mass Shouldn’t Back Stupid PrimariesI appreciate you writing this diary. This primary seems…

Archive

@bluemassgroup on Twitter

#mapoli

massauditor Suzanne M. Bump @massauditor ·
36m

You can help us make government work better. Tell us where you see waste and abuse by government agencies or contractors. https://www.mass.gov/how-to/report-waste-and-abuse #MAPoli

Reply on Twitter 1559249866194313218 Retweet on Twitter 1559249866194313218 Like on Twitter 1559249866194313218 Twitter 1559249866194313218
repsmitty34 Smitty Pignatelli @repsmitty34 ·
36m

AG and candidate for Governor @maura_healey is my guest on this week's episode of 'Let's Talk with Smitty.' She has taken on the biggest fights as the people's lawyer and will be a Governor for ALL of us. Visit https://linktr.ee/repsmitty to listen.
#mapoli

Reply on Twitter 1559249722644258821 Retweet on Twitter 1559249722644258821 Like on Twitter 1559249722644258821 1 Twitter 1559249722644258821
strat4youth Strategies for Youth @strat4youth ·
42m

Be an informed voter for youth justice! Join the voter education forum in-person or virtually on August 16 from 1:30-3 PM. Learn more and register today: https://lnkd.in/ejEaKtXB #mapoli

Reply on Twitter 1559248429624266756 Retweet on Twitter 1559248429624266756 Like on Twitter 1559248429624266756 Twitter 1559248429624266756
darraghcmurphy Darragh Murphy @darraghcmurphy ·
42m

I hope every voter in Suffolk Co reads and rereads this comment until they understand the implications of having a DA Arroyo so inexperienced that he is not qualified to sit as SECOND chair on a Suffolk Co murder trial as prosecutor or public defender. #BosPoli #MaPoli #NoArroyos

Jessamyn Jones @jessamynejones

@orennimni This comment is woefully ignorant & verifiably false. Hayden spent 2x as many years as a defense attorney than Arroyo. Arroyo has so little experience that he does not meet the reqs to lead a jury trial, or even sit 2nd chair on a murder trial, as a public defender or ADA.

Reply on Twitter 1559248399660195842 Retweet on Twitter 1559248399660195842 Like on Twitter 1559248399660195842 Twitter 1559248399660195842
darraghcmurphy Darragh Murphy @darraghcmurphy ·
48m

Substantive question for @RicardoNArroyo that would help voters differentiate his #SuffolkDA candidacy from DA Hayden’s. Will Ricardo answer? Go after illegal guns or nah, Ricardo? #BosPoli & #MaPoli

Jessamyn Jones @jessamynejones

This account also loves to criticize @dakevinhayden for enforcing gun laws in communities most grievously impacted by gun violence. Does @ricardonarroyo agree w/ @CourtWatchMA that DA should deemphasize illegal gun possession? Will it be on his expanded #DNPlist? #bospoli #mapoli https://twitter.com/CourtWatchMA/status/1559220406371995648

Reply on Twitter 1559246767107047425 Retweet on Twitter 1559246767107047425 Like on Twitter 1559246767107047425 Twitter 1559246767107047425
scmurnane Steven Murnane Jr @scmurnane ·
48m

Voting to tank the #NoCostCalls bill, and now endorsing DA Hayden over @RicardoNArroyo? I think its time for her to go. #mapoli

Lydia Edwards @LydiaMEdwards

Happy to endorse @DAKevinHayden for DA! https://twitter.com/dakevinhayden/status/1559176032732811267

Reply on Twitter 1559246757724315649 Retweet on Twitter 1559246757724315649 1 Like on Twitter 1559246757724315649 1 Twitter 1559246757724315649
Load More

From our sponsors




Google Calendar







Search

Archives

  • Facebook
  • RSS
  • Twitter




Copyright © 2022 Owned and operated by BMG Media Empire LLC. Read the terms of use. Some rights reserved.