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ICWA Certiorari Petition.pdf

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Preview of ICWA Certiorari Petition
🔗 Source: sct.narf.org
📊 Size: 345 KB
👤 Author: Schauf, Zachary C.
⬇️ Downloads: 200

Summary

The Indian Child Welfare Act (ICWA) was enacted in 1978 to address the high percentage of Indian families broken up by nontribal agencies. Despite being repeatedly sustained as constitutional, a district court struck down much of ICWA, and the Fifth Circuit en banc court invalidated several provisions. The questions presented are whether the Fifth Circuit erred in invalidating ICWA provisions as impermissibly commandeering states, reaching the merits of equal protection claims, and affirming the district court's judgment invalidating placement preferences. The petitioners are four federally recognized Indian Tribes, and the respondents are the States of Texas, Louisiana, and Indiana, and seven individuals.

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Description

The Indian Child Welfare Act (ICWA) was enacted in 1978 to address the high percentage of Indian families broken up by nontribal agencies.

Technical Information

  • File Format: PDF
  • File Size: 345 KB
  • Pages: 54
  • Language: EN
  • Author: Schauf, Zachary C.
  • Total Downloads: 200
  • Last Updated: 2 months ago

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