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Good News for the Indian Child Welfare Act

Strict Scrutiny

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The Concurring Opinion in the Indian Child Welfare Act

The Indian Child Welfare Act did not emerge from a vacuum. It came as a direct response to the mass removal of Indian children from their families during the 1950s, 1960s, and 1970s by state officials and private parties. That practice was only the latest iteration of a much older policy of removing Indian kids from their families. And so what we've seen in generation after generation is that Native kids are used as these tools for this broader attack on tribal sovereignty.

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