The Indian Child Welfare Act and the 14th Amendment
We the People
00:00
Iqwa
Elizabeth Reese says that applying strict scrutiny and striking down all Native American law would call into question much of the foundation of Native American law. Kari: Nobody really, nobody argues for that position. The equal is really unique in federal Indian law in being triggered by biological eligibility and not being applied on tribal land. In case after case after case, children are deemed Indian under Iqwa and treated to the subjected to these less protective rules," she said.
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