Discussion (1L): American Indian Children: Boarding Schools to Brackeen

In 2022, the Supreme Court will hear a blockbuster case, Brackeen v. Haaland, that raises numerous constitutional questions that go to the very heart of federal Indian Law. Are American Indians a race, a political group, or both? How much power does Congress have over the States where the State is involved in the lives of American Indian people? Etc. The case is a challenge to a federal law, the Indian Child Welfare Act (ICWA), that was passed in response to federal and state government laws and policies which led to the forced removal of countless Indian children from their families. Much like the laws that led to ICWA, Brackeen, is about more than Indian children, though Indian children are caught in the crossfire of this fight. This discussion seminar focuses on these legal questions of state power and sovereignty and how they ended up being so intertwined with child welfare, beginning with the history leading up to ICWA, moving forward through development of contemporary tribal governments and ending with this current case. Materials will be posted on canvas. Class meets 5:00 PM-7:00 PM on Sept. 29, Oct. 13, Oct. 27, Nov. 10.