Federal Judge Rules ICWA Unconstitutional in Brackeen v. Zinke

Matthew L.M. Fletcher

Here is the opinion in Brackeen v. Zinke (N.D. Tex.):

166_DCT Order.pdf

Case page with briefs here.

A federal court has held that ICWA violates the equal protection component of the Fifth Amendment’s Due Process Clause, rejecting the Morton v. Mancari argument and applying strict scrutiny. The court further held that ICWA violated the Tenth Amendment’s prohibition on commandeering state legislative functions. The court more or less summarily rejected the argument that the Indian Commerce Clause authorized Congress to enact ICWA. Finally, the court struck down the ICWA regulations.

Still, there will certainly be an appeal. The case is limited only to the parties involved.

3 thoughts on “Federal Judge Rules ICWA Unconstitutional in Brackeen v. Zinke”

  1. Lara/Trace October 5, 2018 / 1:21 pm

    I feel sick.

  2. Pingback: Federal judge strikes down much of Indian Child Welfare Act (ICWA) as unconstitutional | Overlawyered
  3. Pingback: Federal court in Texas declares Indian Child Welfare Act unconstitutional | 1 Attorneys

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