Tag Archives: Cherokee Nation

Statement from the Four Intervening/Appellant Tribes on the Stay of the Texas v. Zinke Decision

Joint Tribal Statement re Fifth Circuit Stay 12.3.18 We applaud the Fifth Circuit Court of Appeals for staying a recent ruling in Texas that struck down the Indian Child Welfare Act (ICWA). This stay decision protects children from potential abuse … Continue reading

Posted in Research | Tagged , , , , , ,

Four Intervening Tribes in Texas v. Zinke ICWA Case File Notice to Appeal and Motion to Stay in Fifth Circuit

New Fifth Circuit page here. Tribal Motion for Stay Pending Appeal Finally, the district court’s ruling will cause significant inconsistency throughout the country. As this Court noted in Bryant, when issuing a stay, “[t]he inevitable disruption that would arise from … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , ,

Texas v. Zinke Update: Stay Denied; Navajo Nation Files Motion to Intervene

In Texas v. Zinke, the ICWA case in the northern district of Texas, the district court judge denied the four intervening defendant tribes’ motion to stay the decision. There has been no stay request filed in the Fifth Circuit nor … Continue reading

Posted in Child Welfare, ICWA | Tagged , , , , , , , ,

Texas v. Zinke (ICWA Challenge) April Update

There were some thirty entries on the Texas v. Zinke docket this month. Relevant documents are on the case page. Since our last update, the feds filed another motion to dismiss. The plaintiffs’ seperated into private and state parties for … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , , ,

New Amended Complaint in ICWA Suit Texas (Brackeen) v. Zinke

The plaintiffs in the ICWA suit out of the federal court in Texas asked for time to file an amended complaint. It’s here. Case page is here. Additional state parties are Indiana and Louisiana. Additional children involved are from White … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , , | 4 Comments

Federal Court Rules Cherokee Freedmen Retain Treaty Rights

Here is the opinion in Cherokee Nation v. Nash (D.D.C.). More details tomorrow. An excerpt: The Court finds it confounding that the Cherokee Nation historically had no qualms about regarding freedmen as Cherokee “property” yet continues, even after 150 years, to … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights, tribal membership | Tagged , ,

Kansas ICWA Case–Ineffective Representation

Here. Sometimes I’m just left sputtering: Initially, Dan Arkell-Roca represented Mother. According to the proffered testimony at the district court’s hearing on this matter, Arkell-Roca obtained Mother’s signature on her no-contest statement to the State’s child in need of care … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , | 3 Comments

A Little History on Andrew Jackson and the Supreme Court (for Mike Huckabee)

Mike Huckabee invoked Andrew Jackson in encouraging the President to not comply with federal court orders striking the Muslim travel ban, saying “Hoping @POTUS tells Hawaii judge what Andrew Jackson told overreaching court-“I’ll ignore it and let the court enforce … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Research, Supreme Court | Tagged , , , , ,

Bloomberg Commentary on Cherokee Marriage Equality

Noah Feldman has published “Cherokees’ Gay-Marriage Law is Traditional.”

Posted in Author: Matthew L.M. Fletcher, marriage equality, Tribal Codes, tribal constitutions | Tagged ,

Oklahoma Court of Appeals Case Granting Transfer to Tribal Court

Here. And the OK Supreme Court agreed to publish the decision.  This case involved a guardianship: ICWA defines “foster care placement” as “‘any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , | 1 Comment