Strict Scrutiny

The Uncertain Future of the Indian Child Welfare Act

Nov 14, 2022

01:27:02

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Highlights

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Episode notes

What Kind of Democracy Do We Want in This Country?

02:20

The No Law Just Vibes Problem, Justice Sotomayor

01:48

Magic Spoon - The Sugar Free, Gluten Free, and Soy Free Alternative

04:19

Introduction

2min

The Midterms and the Supreme Court

2min

What's the Difference Between 50-50 and 51-49 Senate?

6min

The Supreme Court's Overruling of Dobs Versus Jackson Women's Health Organization

3min

Dobbs and the Supreme Court in Redistricting?

3min

Are You Running Polls on TikTok, Like It's Not?

3min

The Importance of Voting

2min

Magic Spoon - The Sugar Free, Gluten Free, and Soy Free Alternative

4min

Holland vs Burkine - What's Up First?

2min

10.

Iqwa - Is Congress Right to Regulate Native American Affairs?

2min

11.

Is IQUA Racist?

3min

12.

Iqwa - Is Congress the Authority to Pass a Law?

2min

13.

Are You Getting These Limits From?

2min

14.

The Plenary Power

2min

15.

Iqwa v. Supreme Court - Is There a Third Placement Preference?

4min

16.

The No Law Just Vibes Problem, Justice Sotomayor

2min

17.

Is There Any Actual Law in Your Brief?

2min

18.

I Think the Supreme Court Is a Huge Barrier for Indigenous Rights Here in the United States

2min

19.

What's Kavanaugh Doing in Castro?

2min

20.

Is That Right, Leah?

2min

21.

All the Way Up Together

2min

22.

Iqwa

3min

23.

Is Iqwa Still Necessary?

2min

24.

Iqwa v. United States on Equal Protection Grounds

3min

25.

I Think It's Possible That Ian Gersh and Gordon Was a Really Effective Advocate

2min

26.

What Kind of Democracy Do We Want in This Country?

2min

27.

AG1 - The Perfect Start to Your Day

2min

28.

Sleep Me - The New Home for Chili Sleep

3min

29.

Can Federal Spending Clause Statutes Be Enforced?

2min

30.

Can a State Sue When It Violates a Condition of a Medicaid Program?

2min

31.

Are Spending Law Statutes Really Laws?

2min

32.

Is Section 1983 a Cause of Action?

3min

33.

FINRA Is a Law, Maybe Not?

2min

34.

Is Section 1983 Sufficient to Foreclose a Remedy in Nursing Homes?

2min

35.

The Federal Government's Third Theory of Civil Rights

2min

36.

Do District Courts Have Judgment Authority to Hear Challenges to Agency Actions?

2min

37.

Is the Court of Appeals Going to Win?

2min

38.

The Biden Administration's Student Loan Relief Program Unlawful

2min

39.

Listeners, It's That Time of Year

2min

40.

Justice Sotomayor's Overruling of Roe Crosses an Important Line

2min

41.

The Red Shoes Are the First Tip Off. The Sequins Are Next.

3min

42.

The Federalist Society Is Just a Debating Society

2min

43.

Crooked Coffee Holiday Boxes

2min

Rebecca Nagle, host of Crooked Media's This Land, joins Melissa, Leah, and Kate to recap the arguments in Haaland v. Brackeen. The case revolves around the Indian Child Welfare Act, which lays out a set of preferences for where Native American children can be placed for foster care and adoption. The challengers, white foster parents trying to adopt Native American children, are claiming a violation of the Equal Protection Clause of the 14th Amendment. But as Rebecca explains, tribal sovereignty isn't racial-- it's political.

Plus, we take a look at the midterm outcomes and what they mean for the courts.

Listen to Season 2 of This Land, all about the back story of Haaland v. Brackeen.
Read Rebecca Nagle's piece in The Atlantic, "The Supreme Court Case That Could Break Native Sovereignty."