On Friday, August 9, 2019, in Brackeen v. Bernhardt, No. 18-11479, the U.S. Court of Appeals for the 5th Circuit declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (“the Final Rule”)...more
8/14/2019
/ Administrative Procedure Act ,
Anti-Commandeering ,
Appeals ,
Child Custody ,
Constitutional Challenges ,
Department of the Interior ,
Equal Protection ,
Final Rules ,
Indian Child Welfare Act of 1978 (ICWA) ,
Native American Issues ,
Non-Delegation Doctrine ,
Reversal ,
Standing ,
Summary Judgment ,
Tenth Amendment
• On June 3, 2019, a federal court in New Hampshire ruled in favor of a New Hampshire state agency in concluding that “the text, context, and structure of the Wire Act” limit the Act’s applicability to sports gambling and no...more
In Brackeen v. Zinke, No. 4:17-cv-868-O (N.D. Tex.), the U.S. District Court for the Northern District of Texas declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (the Final Rule) are...more