5min chapter

We the People cover image

The Indian Child Welfare Act and the 14th Amendment

We the People

CHAPTER

What Doesn't Mean to Remove the Foundation of Native American Law?

If the court were to hold that it were a racial classification, would that call into question much of the foundation of Native American law? Yes, absolutely. I think what's so concerning to Indian country about this case is that if this case is used as a way to undermine the core holding of Mankari,. which recognizes that tribal governments are just that. They're governments with citizens.

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