BONUS: This Land on the Indian Child Welfare Act
Strict Scrutiny
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The Brakeens Lawsuit Is Like the First Upright Domino in a Long Row
The Brakeens and two other couples say Iqwa discriminated against them because it wouldn't let them adopt Native kids. Their second big argument was that Congress doesn't have the authority to pass a law like Iqwa in the first place. Matthew Fletcher says what that misses, of course, is that Congress can deal with Indian child welfare because of the special relationship that tribes in the United States have.
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