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The Uncertain Future of the Indian Child Welfare Act

Strict Scrutiny

CHAPTER

Iqwa

Rebecca Watson: I thought Ian Gershinkorn did a pretty good job explaining to the justices how Iqwa actually works. She says this case has so many parallels to the affirmative action cases, some of which we've already alluded to. "I will say candidly, having looked at the cases, there are three, the state courts are in a little bit of disarray as to whether the preferences are sort of binding"

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