3/2/22

Dakota Excess law firm gets christians before SCOTUS in ICWA case


Native Americans overwhelmingly turned out to vote for Joe Biden whose administration maintains that the Indian Child Welfare Act draws on classifications that are backed by precedents already settled in the Supreme Court of the United States.
Counsel for the Texas family who filed the lawsuit against ICWA also includes the massive international law firm Gibson, Dunn & Crutcher, according to the court petition. That firm represented the Dakota Access pipeline, a multibillion-dollar project estimated to carry half-a-million barrels of oil per day. [Nevada Current]
The State of South Dakota still seizes some 750 American Indian kids every year reaping well over a billion federal dollars since ICWA was passed in 1978. The state's long history of racism is glaring under the media microscope again.
Sen. Troy Heinert, D-Mission, cautioned that HB 1110 would make the requirement to appoint a guardian ad litem discretionary, which could risk South Dakota's already-shaky compliancy with the 1978 federal Indian Child Welfare Act. "This guardian ad litem is no small thing, especially when you're dealing with ICWA cases," said Heinert. [Sioux Falls Argus Leader]
In 2011 NPR took on the Daugaard Duck Dynasty in a three part exposé. Pennington County's behavior has been called shocking and Democratic former US Senator James Abourezk even urged the federal government to sue the State of South Dakota after the Guardian published a long piece on the plight of thousands of American Indian children seized by the South Dakota Department of Social Services. I even have direct personal knowledge of those horrors.
In 2018, a two-year-old named Andy was being raised by white parents, Charles and Janet, due to his biological parents being unable to care for him. After those two years, Charles and Janet went to sign official adoption paperwork. Tribal leaders objected and successfully blocked the adoption because of Andy’s Navajo and Cherokee background. He would have been sent to New Mexico to live on a Reservation, but the couple appealed the ruling, and the tribes withdrew the case. [KOTA teevee]
According to attorney Kate Fort ICWA is constitutional.
Therefore, if nothing happens at all (remember, I’m not future speculating), then none of this applies till June 1. Second, I believe the parts of the decision that the majority agrees on is applicable only in the Fifth Circuit. There’s very little legal substance here. I think it’s revealing to read the attempt at remedy in Judge Duncan’s opinion–as had been argued repeatedly, nothing this court decided would redress the harms claimed by the plaintiffs. [Fort, Brackeen Decision Summary
Republican former South Dakota Governors Rounds and Daugaard and Attorney General Marty Jackley covered up their state's abuses

It's not impossible Justice Neil Gorsuch will side with the sane members of the Court like he did in McGirt.

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