The Uncertain Future of the Indian Child Welfare Act
Strict Scrutiny
Is IQUA Racist?
In a 1970s case, Morton v. Mancari, the court determined that Native American status was not a racial category but rather a political classification. The question in this case is whether provisions of IQUA regarding placement preferences constitute race discrimination because they establish protections and standards to place Native children with Native families. "All of tribal sovereignty is literally on the table," says CNN's John Sutter.
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