If anyone had bothered to read what this case is really about, this excerpt sums it up well enough:
At the core of the disagreement is whether the term “Indian” is a racial or political classification. Those who would repeal the ICWA view “Indian” as a racial classification, and therefore argue the ICWA is racially discriminatory and in violation of the Equal Protection Clause. To the contrary, I argue in the following that “Indian” is best interpreted as a political classification for purposes of the ICWA, as evidenced by both the historical context of Indians in the U.S. and the ICWA’s provisions, which manifest congressional intent to protect tribes as political units. Any argument against the ICWA should address “Indian” as a political classification, because to do otherwise is to ignore the major political issue at stake:tribal sovereignty. (Source: https://scholarlycommons.law.northwestern.edu/cg
RetardedJoy t1_ivh3mew wrote
Reply to comment by hawklost in Native child welfare law faces major Supreme Court challenge by Banemorth
If anyone had bothered to read what this case is really about, this excerpt sums it up well enough:
At the core of the disagreement is whether the term “Indian” is a racial or political classification. Those who would repeal the ICWA view “Indian” as a racial classification, and therefore argue the ICWA is racially discriminatory and in violation of the Equal Protection Clause. To the contrary, I argue in the following that “Indian” is best interpreted as a political classification for purposes of the ICWA, as evidenced by both the historical context of Indians in the U.S. and the ICWA’s provisions, which manifest congressional intent to protect tribes as political units. Any argument against the ICWA should address “Indian” as a political classification, because to do otherwise is to ignore the major political issue at stake: tribal sovereignty. (Source: https://scholarlycommons.law.northwestern.edu/cg
Additional Sources:
Tribes are governments, NOT racial categories; Indian Law Resource Center;
ICWA is being used to undermine tribal sovereignty and self-determination ACLU