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☆ How Drug Addiction Tore a Family and Tribe Apart - The New York Times
▼ + stars: | 2023-11-15 | by ( Judith Surber | ) www.nytimes.com time to read: +10 min

When I think about my sons, Roger and Cory, I picture them as I do all my children, as precious babies. I don’t see them as the rest of the world does, as two men in their 30s with drug addiction. I remember reading once that if parents had an addiction to alcohol or drugs, their children would have a higher risk for addiction, too. My teenage granddaughter recently left an addiction treatment facility in Utah. My granddaughter, shortly after she returned from an addiction treatment center.

Persons: Roger, Cory, OxyContin, I’ve, Megan, I’m, Kinsinta’s, “ Grandma, “, ” Organizations: Indian, Indian Health Service, Indian Child Welfare Locations: B.D, Northern California, Utah, Hoopa, Eureka , Calif

A new accounting shows that at least 523 institutions were part of the sprawling network of boarding schools for Native American children. ‘War Against the Children’ The Native American boarding school system — a decades-long effort to assimilate Indigenous people before they ever reached adulthood — robbed children of their culture, family bonds and sometimes their lives. “The government was not done with war, so the next phase involved war against the children,” said Mr. Sherman, 83, a former aerospace engineer. Now 76, his voice grows shaky when he recounts the punishments children received — and how children were turned into punishers. Library of Congress, Chronicling AmericaA precise accounting of how many children died at Native American boarding schools remains elusive.

As depressing as the outcomes often were, these tortuous paths of jurisprudence were often absurd. A closer look at the opinions helps illustrate how legal decision-making is often deeply entwined with the justices’ deeply held passions and religious beliefs, their occasionally tense relationships with their colleagues and their personality quirks. Here are a few mostly tin medals for the outstanding lowlights (and a few highlights) of the year. ImageMost compassionate opinion correcting a historical American injustice:Justice Neil Gorsuch’s concurring opinion in Haaland v. Brackeen upholding the Indian Child Welfare Act, a federal law intended to prevent the forcible adoption of Native American children by nonnative families. Only the assertion of federal power through the child welfare act ended most of these abuses.

Persons: ’, Neil Gorsuch’s, Justice Gorsuch Organizations: Indian Child Welfare Locations: Haaland

☆ The fate of millions of student-loan borrowers is set to be decided this week
▼ + stars: | 2023-06-26 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +5 min

The Supreme Court is set to decide on Biden's student-loan forgiveness plan this week. Recent rulings from the court could shed light on how it might handle the debt relief cases. The Supreme Court is now entering the last week of its term, and it's set to hand down all remaining decisions on pending cases. And recent rulings from the Supreme Court shed light on how justices are taking a stricter look at standing issues . Of course, it's unclear if the Supreme Court will handle the student-debt cancellation cases in the same manner.

Persons: —, Joe Biden's, Biden's, Brown, Biden, Amy Coney Barrett, Brett Kavanaugh, Barrett, Kavanaugh, they're, Alexandria Ocasio, Cortez Organizations: Service, US Department of Education, GOP, Liberal, Indian Child Welfare, . Texas, Texas, Department of Homeland Security, Education Department, Democratic, New York Rep Locations: . Nebraska, Brackeen , Texas, States, ., Texas, Alexandria, United States

☆ Why Biden's student-loan forgiveness plan might not be doomed after 2 new rulings from conservative Supreme Court justices
▼ + stars: | 2023-06-24 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +6 min

Two recent Supreme Court rulings have struck down cases due to a lack of states' standing to sue. In February, the Supreme Court heard oral arguments in the two lawsuits that paused the implementation of Biden's plan to cancel up to $20,000 in student debt for federal borrowers. And that's what the Supreme Court has done with two recent rulings. "In Justice Barrett's own words, the ruling for student debt relief should be 'open and shut' in favor of mostly low-income families burdened with the crushing weight of student debt." Student loan borrowers and advocates gather for the People's Rally To Cancel Student Debt During The Supreme Court Hearings On Student Debt Relief on February 28, 2023 in Washington, DC.

Persons: —, Joe Biden's, Brown, Biden, they'd, Amy Coney Barrett, Barrett, Brett Kavanaugh, Kavanaugh, Braxton Brewington, Barrett's, Countess, MOHELA, James Campbell Organizations: GOP, Service, US Department of Education, Republican, Indian Child Welfare, . Texas, Department of Homeland Security, Supreme, Relief, Getty, Nebraska who's Locations: . Nebraska, Texas, States, ., Louisiana, Washington ,, United States, scrutinizing, Missouri

☆ Conservative Justice Brett Kavanaugh rules states can't sue the government just over 'indirect' harm from a federal policy. One of the lawsuits blocking Biden's student-debt relief involves 6 states d
▼ + stars: | 2023-06-23 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +4 min

Justice Brett Kavanaugh authored a new opinion that ruled two states didn't have standing to sue the government. It's the second case led by a conservative justice that scrutinizes a state's standing to sue. The Supreme Court ruled 8-1 that the states lack standing to bring the suit, with Justice Sam Alito as the lone dissent. "But in our system of dual federal and state sovereignty, federal policies frequently generate indirect effects on state revenues or state spending. Kavanaugh's opinion was, of course, only responding to the Texas case and there was no reference to the pending student-debt relief cases.

Persons: Brett Kavanaugh, didn't, —, Joe Biden's, Kavanaugh, Sam Alito, they'd, Brown, Biden, MOHELA, weren't, Ketanji Brown Jackson, Amy Coney Barrett, Barrett Organizations: GOP, Service, Conservative, . Texas, Department of Homeland Security, US Department of Education, . Nebraska, Republican, Indian Child Welfare Locations: States, ., Texas, Louisiana, United States

☆ The Supreme Court’s Racial Misfire
▼ + stars: | 2023-06-20 | by ( The Editorial Board | ) www.wsj.com time to read: 1 min

Journal Editorial Report: GOP candidates, the press, and pretty much everyone reacts. Image: Mary Altaffer/Associated PressThe only good thing that can be said for the Supreme Court’s 7-2 decision last week upholding the Indian Child Welfare Act, or ICWA, is that a new challenge might come soon. The shame is that in the meantime federal law will continue to elevate tribal prerogatives and racial criteria above the welfare of vulnerable Native American children.

Persons: Mary Altaffer Organizations: GOP, Associated, Indian Child Welfare

☆ The Supreme Court preserved the Indian Child Welfare Act, giving tribal families preference in Native American adoptions
▼ + stars: | 2023-06-15 | by ( Associated Press | ) www.businessinsider.com time to read: +6 min

The Supreme Court issued a decision Thursday preserving the Indian Child Welfare Act. The law aims to keep Native American kids in tribal families in foster care and adoption cases. This was the third time the Supreme Court has taken up a case on the IWCA. In the not-so-distant past, Native children were stolen from the arms of the people who loved them," Biden said in a statement. Matthew McGill, who represented the Brackeens at the Supreme Court, said he would press a racial discrimination claim in state court.

Persons: —, Amy Coney Barrett, Clarence Thomas, Samuel Alito, Alito, Chuck Hoskin, Charles Martin, Tehassi Hill, Guy Capoeman, Joe Biden, Biden, Chad, Jennifer Brackeen, Fort Worth , Texas —, Brett Kavanaugh, Kavanaugh, Matthew McGill, McGill Organizations: Indian Child Welfare, Service, WASHINGTON, Republican, Child Welfare, Cherokee Nation, Morongo, Mission, Oneida, Quinault Indian Nation, Democratic, Navajo, Supreme Locations: Quinault, Delaware, Alaska, Texas, Fort Worth , Texas, American, Navajo, Southwest, Cherokee, Sur Pueblo

The justices found that the plaintiffs - the Republican-governed state of Texas and three non-Native American families - lacked the necessary legal standing to bring their challenge. They also rejected challenges to the law, known as the Indian Child Welfare Act of 1978, on other grounds. Congress passed it to end a longstanding practice in the United States of removing many Native American children from their families and placing them with non-Native Americans. At the time of the law's passage, between 25% and 35% of all Native American children were removed in states with large Native American populations, according to court papers. Interior Department and federal officials by Texas and the three families who sought to adopt or foster Native American children.

Persons: Amy Coney Barrett, Clarence Thomas, Samuel Alito, Joe Biden, Biden, Jennifer, Chad Brackeen, Barrett, Brett Kavanaugh, Kavanaugh, Andrew Chung, Will Dunham Organizations: U.S, Supreme, Constitution's, Republican, Indian Child Welfare, Tribal Nations, Indian Child Welfare Association, National Congress of American, Child Welfare, U.S . Interior Department, Circuit, Thomson Locations: Texas, United States, Navajo, New Orleans, New York

☆ Justice Neil Gorsuch Is a Committed Defender of Tribal Rights
▼ + stars: | 2023-06-15 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

“Where this court once stood firm,” he wrote, “today it wilts.”In November, when the Supreme Court heard arguments in the Indian Child Welfare Act case, Justice Gorsuch questioned lawyers for the challengers vigorously, with flashes of anger and frustration. “That’s simply not true,” he said to one. To another, who had argued that there were sound reasons for doubting the wisdom of the law, he said, “the policy arguments might be better addressed across the street,” referring to Congress. His concurring opinion on Thursday recounted in ugly detail the cruel mistreatment of Native American children over the centuries. “In all its many forms, the dissolution of the Indian family has had devastating effects on children and parents alike,” he wrote.

Persons: ”, Gorsuch, “ That’s Organizations: Indian Child Welfare Locations: wilts, ”

☆ A major lawsuit challenging Biden's student-loan forgiveness might have just been undermined by a new ruling from conservative Justice Amy Coney Barrett
▼ + stars: | 2023-06-15 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +7 min

Justice Amy Comey Barrett may have signaled how the Supreme Court might rule on student-loan forgiveness. In a Thursday ruling, Barrett said Texas did not have standing to sue the federal government on behalf of its citizens. The Supreme Court majority opinion, authored by Barrett, ruled 7-2 that none of Texas' challenges had any merit, upholding the ICWA. He also noted that in addition to proving parens patriae standing, states must also prove they meet the basic requirements of constitutional standing. Still, the states may have a stronger case for standing in the student-debt case than Texas did.

Persons: Amy Comey Barrett, Barrett, Biden, —, Joe Biden's, Amy Coney Barrett, David Nahmias, Barrett —, MOHELA, James Campbell, Campbell, Nahmias Organizations: GOP, Service, Indian Child Welfare, Biden, ., UC Berkeley Center, Federal Government, Republican, MOHELA Locations: Texas, There's, . Nebraska, , Texas, State, Nebraska

☆ Supreme Court Hears Challenge to Law on American Indian Adoptions
▼ + stars: | 2022-11-09 | by ( Jess Bravin | ) www.wsj.com time to read: 1 min

WASHINGTON—The constitutional status of American Indians came before the Supreme Court on Wednesday, as the justices heard arguments challenging federal law that promotes the adoption of American Indian children by Native American families. A 1978 statute, the Indian Child Welfare Act, directs family courts overseeing adoptions of Native American children to give preference to members of the child’s tribe or other Native American families if members of their own families aren’t available. A white foster couple seeking to adopt an American Indian child, backed by the state of Texas, challenged the law as violating equal protection and other constitutional principles.

Among the provisions being challenged is one that gives a preference to Native Americans seeking to foster or adopt Native American children, which those challenging the law say discriminates on the basis of race. The challengers are led by Chad and Jennifer Brackeen — a white evangelical Christian couple who sought to adopt a Native American boy — as well as the states of Texas, Indiana and Louisiana. Tribes have also warned that a ruling striking down provisions of the law on racial discrimination grounds would threaten centuries of law that treat Native American tribes as distinct entities. Both sides appealed to the Supreme Court after the New Orleans-based 5th U.S. The Supreme Court has been closely divided in two major recent cases on Native American issues.

☆ Chief Justice Roberts is in the spotlight as the Supreme Court tackles race cases
▼ + stars: | 2022-09-29 | by ( Lawrence Hurley | Lawrence Hurley Covers The Supreme Court For Nbc News Digital. | ) www.nbcnews.com time to read: +8 min

As chief justice, Roberts was in the majority on both occasions when the court in previous cases weakened the Voting Rights Act, enacted in 1965 to protect minority voters. A 1981 memo written by Roberts about the Voting Rights Act. Then, he unsuccessfully advocated against legislation in Congress that lowered the barriers to bringing race discrimination claims under Section 2 of the Voting Rights Act. A 1981 memo written by Roberts advocating against legislation in Congress that would lower the barriers for race discrimination claims. “That would be devastating for minority voting rights in this country,” she added.

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