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The Uncertain Future of the Indian Child Welfare Act

Strict Scrutiny

CHAPTER

Iqwa - Is Congress the Authority to Pass a Law?

There were four justices who were very obviously skeptical of the plaintiffs in Texas. And so there were also justices who seemed to really buy into the argument. But I do think that there's a plurality of the justices who are interested in undoing Iqwa, but they're going to have a really hard time getting there legally.

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