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Good News for the Indian Child Welfare Act

Strict Scrutiny

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The Gorsuch Concurrence and the Justice Alito Dissent

Gorsuch concurrence was trying very hard to be a majority opinion. Justice Sotomayor and Jackson joined parts, but they declined to join part two. It might have been too broad a read of congressional authority over tribes for them to sign on. But there's a lot here and it's a very broad reading of federal authority over tribes.

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