November 29, 2022 RAPID RESPONSE

Decoding Brackeen: The Latest in the ICWA Saga

On November 9, 2022, the U.S. Supreme Court heard oral arguments in Haaland v. Brackeen, one of the most important Indian law cases in decades in which the Indian Child Welfare Act (ICWA) is being challenged. During the debrief, this distinguished panel will discuss the case and reflect on the oral arguments. 

See the ABA’s amicus brief in Haaland v. Brackeen, the ABA’s policy on the Indian Child Welfare Act.

Welcome and Introduction

  • Deborah Enix-Ross, President, American Bar Association; Senior Advisor, International Dispute Resolution Group, Debevoise & Plimpton LLP

Panelists

Moderator

  • Suzanne Garcia, Child Welfare Legal Specialist, Tribal Law and Policy Institute

Co-Sponsors: ABA Center for Public Interest Law, ABA Center on Children and the LawABA Commission on Domestic and Sexual ViolenceABA Commission on Racial and Ethnic Diversity in the Profession,  ABA Diversity and Inclusion Center, ABA Standing Committee on Public Education

Resources

Debrief of the Oral Arguments in Haaland v. Brackeen | UCLA School of Law

Oral Argument audio

Tribal Supreme Court Project Brackeen | Native American Rights Fund

Turtle Talk blog on Brackeen 

Tribal Supreme Court Project

ICWA Resource Page | Tribal Information Exchange

Legal History of Blood Quantum in Federal Indian Law to 1935 | Paul Spruhan

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