Tag Archives: A.D. v. Washburn

Ninth Circuit Briefing in A.D. v. Washburn (Tahsuda)(Goldwater Case)

This is the appeal of the dismissal of the case in the federal District of Arizona purporting to represent all Native children in foster care in Arizona and their non-Indian foster parents or adoptive placements. The Goldwater Institute appealed the … Continue reading

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Ninth Circuit Briefing in A.D. v. Washburn (Goldwater Litigation)

Here is the case page. 20_Opening Brief_09-01-2017 40_AZResponse 41_GilaNavajoResponse 42_USResponse And yes, the case caption should eventually change–Carter et. al. v. Tahsuda et. al. is how the U.S. brief is captioned.

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Notice of Appeal in Goldwater ICWA Litigation

As they promised they would, Goldwater filed their notice of appeal to the 9th Circuit in the Arizona ICWA class action case. Here. Order they are appealing is here. As always, documents in the case will be housed here.

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Judge Grants Tribal Motions to Intervene in Goldwater (ICWA) Litigation

Here. Previous filings here.

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Oral Arguments in Gila River Indian Community v. Dept. of Child Safety et al

One of the children in this case was originally the named plaintiff in A.D. v. Washburn (also called Carter v. Washburn, or the Goldwater litigation). Goldwater is representing the foster parents in this case, now in state court. Tom Murphy, … Continue reading

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Updated ICWA Defense Project Memo

The ICWA Defense Project (NCAI, NARF, NICWA, and ICWA Appellate Project) has updated the memo detailing the various federal court challenges to ICWA. Here. On February 25, 2015, the Bureau of Indian Affairs (BIA) published revisions to the Guidelines for … Continue reading

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ThinkProgress Article on the Goldwater Institute’s ICWA Challenge

Why a Conservative Legal Organization is Trying to Kill the Indian Child Welfare Act. A long article with lots of great sources (Shannon Smith of the ICWA Law Center is quoted extensively, for example) and solid research. Despite what the URL … Continue reading

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ICWA Case Updates and Legal Clarifications

Because of the recent media attention to ICWA, here’s a quick update and clarification of some legal details: ICWA has not been amended, updated, or changed. Ever. The same language that Congress passed in 1978 is the same language in effect … Continue reading

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News Coverage of Goldwater (ICWA Litigation) Hearing

News coverage that confirms all accounts we received that this was a very difficult and discouraging hearing. This hearing was on DOJ’s motion to dismiss the Goldwater ICWA litigation, which is contesting the constitutionality of ICWA. Relevant documents are here. … Continue reading

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Update on Goldwater (ICWA Challenge) Filings

DOJ filed their reply to Plaintiffs response on Defendants’ motions to dismiss. Arizona also filed a strong reply. Filing is completed in this matter, and a hearing on the motion to dismiss will be held on December 18th. Plaintiffs filed a … Continue reading

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