The Fight Over the Indian Child Welfare Act Is Not Just A Custody Battle (ENCORE)

Haaland v. Brackeen is a lesser-known case in the docket for the Supreme Court, but it could overturn the Indian Child Welfare Act (ICWA). This would create massive implications for the laws that govern Indigenous sovereignty in the United States. We talk with author and activist Rebecca Nagle about the case of "Baby O" and the Librettis and how their story led to this case. We also investigate the money and interests behind the lawsuit. There's a lot at stake, maybe even the very nature of tribal laws, which were enshrined in the Constitution. The overturning of the ICWA is not just another custody battle.  

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Featuring:

• Rebecca Nagle, Cherokee writer and advocate, reporter at The Nation, host of This Land 

 Making Contact Team:

• Host: Salima Hamirani
• Staff Producers: Anita Johnson, Salima Hamirani, Amy Gastelum, and Lucy Kang
• Executive Director: Jina Chung
• Interim Senior Producer: Jessica Partnow
• Engineer: Jeff Emtman

Music:

• Johnny Ripper - Sundown
• Johnny Ripper - sfhk (mental breakdown)
• Metre- Construct
• Dieter van der Westen - Heading for Bamako
• Rocky Marsiano - Whatshappenin
• Pictures of the Floating World - Waves 

Learn More: 

• Transcript of Supreme Court Arguments: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2022/21-376_k536.pdf
• This Land podcast: https://crooked.com/podcast-series/this-land/#all-episodes
• The Nation: "The Story of Baby O – and the Case That Could Gut Native Sovereignty": https://www.thenation.com/article/society/icwa-supreme-court-libretti-custody-case/