This Supreme Court Case Is a Case Study in Conservative Hypocrisy

Just weeks after railing against race-conscious college admissions, the justices entertained a bogus race-based argument aimed at undermining Native sovereignty.

By Elie Mystal

There is a deep irony to this claim by white families, who are in essence the beneficiaries of centuries of theft, discrimination, and outright genocide of Native peoples, that they are the victims of a law preventing them from claiming Native children against the will of tribal governments.  More to the point, this case should not turn on the race of the families involved in the dispute because, from the perspective of ICWA, race is irrelevant.

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Supreme Court could decide where Native American foster kids in Michigan live

“It’s causing a lot of confusion, and tribal communities feel as if rights are being taken away from them,” Kate Fort said.

If the act is found unconstitutional, this could enable other groups to question more of tribal communities’ sovereignty because they would be designated as a racial group, not a political entity, Fort said. This is especially problematic because not everyone who lives in a tribal community is racially Native.

“Tribal sovereignty exists whether or not the Supreme Court recognizes it,” Fort said. “If the ruling is overturned, the trust between tribes and the U.S. government will be eroded.” READ

 

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