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The Indian Child Welfare Act and the 14th Amendment
We the People
Iqwa and the 10th Amendment's Anti-Commondering Argument
Justice Barrett and other justices raised questions about whether provisions of the law violate the 10th Amendment. Tim Sandifer: Iqwa is unique in being, I believe, the only federal law on the books that is exclusively enforced by state officials. He says it makes it very difficult to terminate the rights of an abusive parent even if the person wanting to terminate those rights is herself native. The Supreme Court has never addressed such a complicated issue but this case is going forward with great potential," he said.
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