5min chapter

Amicus With Dahlia Lithwick | Law, justice, and the courts cover image

When You Take Away the Kids, You Take Away the Future

Amicus With Dahlia Lithwick | Law, justice, and the courts

CHAPTER

Iqwa v. State of Texas - Is the Indian Child Welfare Act Unconstitutional?

The state court case is going to trial and then Maggie, just beyond that, after you've clarified that for us, the doctrine here is just a thicket. We've got state law, federal law, tribal sovereignty. And then we have plaintiffs raising claims about race discrimination under the 14th Amendment and commandeering under the 10th Amendment. So I wonder if you can just again, as best as you can, try to just pull apart all the strands of doctrine so we can think about what happened at the argument. Yes. The big constitutional challenges to Iqwa are equal protection because it's a federal law. There was quite a bit of concern about commandeering raised specifically by Justice

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