The Uncertain Future of the Indian Child Welfare Act
Strict Scrutiny
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Iqwa v. United States on Equal Protection Grounds
Iqwa's case is based on the view that all federally recognized tribes and members of those tribes share a common political relationship with the United States. That's what renders it political rather than racial. The court has been worrying about this kind of main to Arizona hypo, right? That we identify some tribe in Maine that's going to somehow get a preference. Well, that case has never happened. I would submit on a facial challenge in a situation where it's never applied that would be very odd to strike down a congressional statute.
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