Big Win for Tribal Sovereignty: Indian Child Welfare Act Upheld by Supreme Court in Surprise Ruling

We speak with Cherokee journalist Rebecca Nagle about a major victory at the Supreme Court in a case that could have gutted Native American sovereignty. In a surprise 7-2 ruling Thursday, the court upheld the 1978 Indian Child Welfare Act, which protects Native children from being removed from their tribal communities for fostering or adoption in non-Native homes. The court rejected an argument from Republican-led states and white families who argued the system is based on race. Nagle has covered the case closely for The Nation and her podcast, This Land, and says the far right is attacking the Indian Child Welfare Act as part of a broader conservative agenda to destabilize federal Indian law. She calls the decision “really encouraging,” noting it is “good not just for Native nations and families, but for the rule of law.”
Transcript: www.democracynow.org/2023/6/1...
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[@jacquirimown3886]

In Canada, as a nation we do need reparations for our indigenous people as well. It’s time we taught their history.

[@thomasctteo6868]

Yes, These hardly break news n the general population In all countries are in the dark, n the governments doing overly too little to for the indigenous native people of their country's rights. N many countries were founded as a nation from the genocide of the native people that lives there before they came.

[@leoniegureghian7156]

@jacqui Rimown … Every adult, wherever have moved let’s say & have kids, their mother language & history should definitely be taught @ HOME! That’s awful important! They’ll be learning the history & language of the country they were born at & live at schools!

[@beatsbydizzy8932]

They already got their Reparations, the five dollar Indians got theirs also, black Indians nothing

[@impec]

@@beatsbydizzy8932 Go sit down

[@nicholasdavis8727]

Fact Indians 👀

[@coleengoodell7523]

I hope this is only the beginning of Justice for our Native brothers and sisters. From my research of history what was done to Native American peoples was absolutely systematic genocide. All the broken treaties, stealing of land with resources and relocations to barren lands was and is inexcusable.

[@blaque6160]

They did the same and even worser to African Americans. Same script, different cast

[@mothanwrdz]

Why the hell is Clarence 🤬 Thomas still on the court and weighing in on cases like this that are clearly supported by his billionaire conservative benefactors?

[@lorraineali8020]

The same thing as these Caucasian people identifying as native Americans the corruption is everywhere I must say

[@jeanhendersonharley3228]

Exactly

[@VoltairesRevenge]

So…this is ok, but Blk American children have to be subjected to adoption by colonizers? These “5 dollar natives” don’t complain when they lie down with colonizers. Why complain now? The res is a horrible place to raise a child. (And before you get slick: so are ghettoes, but at least the ghettoes produce some artistic and athletic diamonds. What has the res produced, except casinos, moonshine, and meth?)

[@richardwright829]

Impeach Clarence Thomas now

[@blueravin2352]

Love You Rebecca Nagle! Keep on Writing and bringing awareness to Native Sovereignty!!🥰❤

[@paleggett1897]

Small steps Big Victories for all

[@AuntyKsTarot]

As a scoop survivor stolen in genocide in 1975 from Standing Rock this feels like such a win. Unfortunately the occupational state of canada (where I was scooped too) still steals 70% of Indigenous kids in so called canada.

[@badazzfeliciano]

And 70% or y'all have European blood when your ancestors stole white kids from their families.

[@jacquirimown3886]

As I commented early, the history of the indigenous people of North America should be of highest importance in history classes in North America

[@badazzfeliciano]

@@jacquirimown3886 does that includes first indigenous Americans the Mongols killed?

[@bobbyhendley3084]

@@badazzfelicianoI personally believe ALL of human history on this continent should be taught to our kids (on the entire continent) all through their school years.

[@badazzfeliciano]

@@bobbyhendley3084 including part where Rez indians are 70% European?

[@Contractor815]

NGL, I was positive that this court was going to overturn ICWA. For all my problems with Gorsuch, he has consistently supported Native treaty rights, and I have to think that he's the one who turned Roberts and Barrett. Broken clocks, etc. etc...

[@moanapeaches]

Same 😌 good to know there’s some good happening

[@Sylvio-pc6rx]

Great respect always to the 1rst nations.

[@TheMouseAvenger]

What wonderful news to hear! ^_^

[@sdeshera]

Corporations and big oil want access to the land and resources

[@badazzfeliciano]

Yes because you are using a phone and car

[@bobbyhendley3084]

It’s always about half a dozen uber-rich white men exploiting the resources of minorities, starting with Natives, for their own riches. Greed knows no bounds.

[@judithcampbell1705]

Give the native Indians all the rights to their own beliefs, restore their lands and give them back their children that were stolen from them. Reparations must be paid. Thank you 💛

[@Warrior_Resisting_Colonialism]

Thank you, relative.

[@newmoonjlp]

I'm pleasantly surprised, but grateful that the court did the right thing

[@bobbyhendley3084]

Personally I was shocked to hear the correct and factual words coming out of the mouths of CultGirl and Gorsuch. They’re the last ones I would have expected that from, much less to be stated so firmly.

[@Ferocious_Fairy]

I strongly recommend the podcast "This Land." Rebecca Nagle is brilliant and does a great job laying out the issues of Native rights and keeps the episodes interesting and informative!

[@elisexton3162]

These are the kind of liberal cases we need to keep bringing to this conservative court. Make them say, it's the law.

[@cshopwytuck6730]

One thing that separate from these cases, is that Native Americans have treaties with United States government. And Native American tribal members in federally recognized tribes have certain protections of Rights. I'm in enrolled tribal member myself, and my status is similar to that of dual citizenship. Being enrolled Native American is more of a political status than it is a race. And that is what the Brackeens did not understand

[@daphneallgood5278]

In some way; Could these arguments apply to African American children? That last part sounds like a possibility. I was taken from family and never returned. I was at the time a baby. Basically raised by Caucasians. My family never got a chance to "fight" for my "rights" Can this ruling possibly help other families in these cases going forward? This ruling protects Native Families from government involvements in families. Its like solidifying their rights as citizens and a separate nation within a nation. Could the African American Descendants of Slaves make a claim of sorts to, protect their families? A stolen "nation" within a nation? Our families have no such "protections"

[@paulmentzer7658]

This based on the third paragraph of Article, 1, Section 3 of the US Constitution: " The Congress shall have Power.... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" Thus the language used in the opinion for the Court has long view "Commerce" to be almost anything people do. i.e. including adopting children. In simple terms this should not affect the adoption of non First Americans for they do not come under that paragraph. On the other hand it can be used as an example of Equal Protection to cover African Americans but I suspect the Court will NOT do that for African Americans are NOT mentioned in that paragraph and the post Civil War Amendments only state African Americans were to be treated the same as whites.

[@ritamariekelley4077]

💙💙💙💙💙

[@Warrior_Resisting_Colonialism]

Unfortunately, your ancestors were brought over here, not as a Nation already belonging here, of course, making the descendants of black people, simply belonging to the settler colony. You, just like the white folks from Europe, are colonial settlers, despite, your ancestors having been brought over to our lands, as slaves. American Indians belong to inherit sovereign Nations, that pre-date the settler colonial invasion by thousands of years. We should have NEVER been FORCED to join the settler colony in the first place. They FORCE us to be colonial citizens with dual citizenship in the name of Jesus and his doctrine of "discovery". We belong to our sovereign nations, NOT the settler colonial USA or Canada (and other settler colonies.) Black folks, just like ANY ethnic group here, do not belong to a sovereign, other than the settler colony. Meaning you will always only be "US citizens" here, on the lands of the Indian nations.

[@deeplydeeplydope1111]

Yes

[@ontop4eternity706]

Thank you for covering this! Very important for our people to know!

[@andrearenee7845]

Thank you for covering this.

[@laurabartoletti6412]

A truly historic event , YAY Day !! 🇺🇲🦅🇺🇲

[@AuntyKsTarot]

Your genocidal American flag does not belong in this celebration. We barely stopped you settlers from ongoing genocide (again).

[@Emmy-J]

YES!!

[@carsi7282]

I honestly would like to see foster and adoptions reduced to 0%, not just Native Americans, all children. Fix the societal ill that cause familial breakdown. Invest in good education , good paying jobs with benifits, comprehensive affordable healthcare, comprehensive sexual education so there are no unwanted children, relationship skills and support systems, affodable housing, affordable healthy food, clean and healthy environments. But unfortunately, as Ms Nagle, alluded to, private for-profit 'adoption' agencies and private corporation have finacial agendas hidden behind privacy. The adoption industry in the USA is $24.7 billion this year. That isn't noble, that selling humans for profit. That is the definition of human trafficking

[@joshuajones634]

Awesome!

[@michaeltilker5865]

Yesssss 👏🏽👏🏽👏🏽👏🏽👏🏽👏🏽🥰🥰🥰🥰

[@moanapeaches]

This is sweeeeeet relief!!!!

[@evmorals6348]

Haven't we done or took enough from Nativie Indigenous already? Shame, Shame, Shame on us.

[@nanaymiegodfrey927]

Policies do nothing in the day to day life of the people. I spent 20 years of my career in and around the court system and was the Office of Public Defense Social Worker involved in CPS Dependency court proceedings. I watched indigenous families face accusations by US governing bodies in not just the dependency court but also other court proceedings and oversight bodies. In each and every case resulting in the indigenous entanglement with the court system, US accountability NEVER rose to the acknowledgment of the ongoing generational trauma that is foundationally maintained through through an elitist stance in the judgment of the issues plaguing the Native American population. The contextual reality affecting familial and interpersonal dynamics of the people has been forever altered by the US genocide and segregationist policies imposed over 120 years ago. ICWA was and is an impotent response to a human atrocity still resonating in the hearts of the Native American people who were and are forced to learn the inevitable effect of meaningless US promises. Make no mistake, the trauma and genocide continues through the stressors imposed by agreements the elite of this nation make with about as much follow-through as the treaties that began this obliteration of Native American customs and ways.

[@sophocles1198]

Simple and direct would serve you better

[@Warrior_Resisting_Colonialism]

@@sophocles1198 I understood every word with ease.

[@Warrior_Resisting_Colonialism]

Thank you, relative!

[@ronjaj.addams-ramstedt1023]

​@@Warrior_Resisting_Colonialism so did I, and I've grown up European (my family moved from the US when I was five).

[@phaedrussocrates7636]

Thank you Democracy Now, this is really important!

[@anhedonic-voting]

Thank you 🌎 ✊️ 🗽 🌹

[@sarathdassanaike2807]

We respect Court Decision to respect the Native Peoples Heritage and Ownership of their Motherland Americas

[@Warrior_Resisting_Colonialism]

That's NOT what they are respecting here! They UPHOLD the doctrine of discovery.

[@08FayFay]

Well it is very sad Native Americans having to still fight for what is their heritage rightfully theirs as their ancestors the original people on these lands. Maybe someday every wrong done by corrupt humans past present and active will be made right by some divine supreme being or some sort of divine intervention.☮️🌺

[@Warrior_Resisting_Colonialism]

If so, that is going to be a very bad day for most Americans. Be very careful what you wish for.

[@taylormade9971]

I had no idea just how horrible this situation was. I'm glad something is being done about it.

[@TSA1D1]

Happy Birthday 2pac and Native Children Across the globe 🌎

[@alwaysfourfun1671]

The right outcome of the ruling. Native Sovereignty is essential to the tribes.

[@ritamariekelley4077]

So happy for this good news. There's been so precious little of it.

[@jame2182]

Thank you for reporting on this monumental decision. Why is it not on the news? WHERE is CNN? HOW COME RACHEL MADDOWS DOES NOT TALK ABOUT THIS AT ALL?

[@CLYMA1.5CHAINZ]

Reminds me of that book "Through Yupik Eyes" i read in high school, about a native that was adopted and taken outta Alaska... Free from the chains of demons!!!!! Wooohoo!!!

[@badazzfeliciano]

So you are demon?

[@CLYMA1.5CHAINZ]

@@badazzfeliciano like you, yup 👍🏼

[@badazzfeliciano]

@@CLYMA1.5CHAINZ I'm human being. And I don't believe in fairytales like you do.

[@breakz360]

Would the ruling have been the same as little as 6 months ago? The activist judges have done so much damage to our country and political system, its nice to see a win for indigenous people.

[@bears_bears_bears]

Was so happy to see this ruling. And was surprised.

[@mariaspanner9160]

🤍Save the children,because the earth was borrowed to us from them.🤍. DO Not Only Save Them, But Stand UP For Them In ALL Situations When Nescesary🤍...

[@RSKLove]

For the future!!! For the future!!! Protect the American Indian children so that they and their children’s be my grandchildren will one day be sovereign and have the power to be truly it’s own citizen in allyship with the great US!!! USA 🇺🇸 🇺🇸 🇺🇸 🇺🇸 USA!!!

[@caroldavies5832]

Honour all Children!!❤❤

[@user-ce7uf2ui1l]

Leave them alone. Stop tearing ALL FAMILIES APART.

[@zeniehudson7098]

Excellent move!... Their self esteem as a proud nation was diminished because of this interference bordering on kidnapping especially, when adoptive parents Did not give them enough love...and attention as a child.

[@kesart8378]

Justice Gorsuch wrote a quite eloquent concurring opinion, while the scurrilous duo of Alito and Thomas--to no one's surprise--dissented, placing themselves squarely on the side of those seeking to erase indigenous peoples.

[@daviddesroches-wm1fq]

How gracious of 5 white men and one white woman to grant 😮freedoms to native americans, after so many years. 😊

[@williamwilliam]

After all these times, why are they still calling native Americans "Indian" when that is clearly wrong and inappropriate to them as a race and nation?

[@badazzfeliciano]

It's only inappropriate because begs to question why so many Rez indians are not black or copper reddish

[@user61512]

Columbus was on his way to india and got lost. He thought when saw native Americans, whith long black hair and darker skin. He thought they were indians.

[@williamwilliam]

@@user61512 We all know the history, but after all these years, why don't British & Europeans stop calling Native Americans "Indians"?

[@badazzfeliciano]

Again you are repeating lies you were told in school. India has never been called India then or now. It is British slang invented long, long, long after 1492.

[@williamwilliam]

@@badazzfeliciano Then why did Columbus thought Native Americans were "Indians" if there is/was no "India"?

[@CLYMA1.5CHAINZ]

🎶this land is my land🎵this land IS MY land🎵from the graves of natives🎵in the gulf stream waters🎶

[@Eli-ts3ph]

The natives stole the land from the people who were already here then completely wiped them out. Natives are not the innocent, peace loving group they pretend to be. Look at the statistics for abuse, rape and murder within their families.

[@mashonism]

I thought kinship was law, family was first option

[@Eli-ts3ph]

Family is not the first option when they are the ones abusing the children.

[@mashonism]

@@Eli-ts3ph the foster care system has the highest rate of child molestation. NY 🗽 the worst

[@mashonism]

@@Eli-ts3ph yess, family do abuse their children. That's why there should be proper monitoring on everyone

[@wildfire9280]

A great move from the Roberts Court which had only a decade earlier ruled against the Voting Rights Act as if preclearance had arisen out of a vacuum so they could claim it was “not conducive to current needs”.

[@williamlim5508]

👍

[@Wiggy8]

I am surprised SCOTUS didn’t vote this out with the usual 5-4. Thank God the indigenous people won.

[@Warrior_Resisting_Colonialism]

There is no "winning" inside settler colonial dictatorship rule. Nor is there any god who approves of this dehumanizing social structure they have created in the name of their false god "Jesus".

[@ashleys7631]

Good morning everyone

[@Tonsirton]

Tribal Leaders For Government!!!💯

[@transcend3145]

👍 Common sense ruling from SCOTUS

[@Warrior_Resisting_Colonialism]

Like the doctrine of discovery you mean? Terrorists hold no "common sense" relative.

[@jcephrie]

It needs to be noted that Gibson Dunn is the law firm that was appointed to prosecute Steven Donziger. Interesting to see them pop up again on the wrong side of a case relating to Tribal Sovereignty.

[@MrKurmann]

they said russia took ukrainians kids away. now i know where they learned that from, America!

[@tiospayetiwahe]

Wasn’t worried much. Glad for outcome.

[@ReviewForReel]

I'm frankly not surprised by this outcome, particularly Gorusch's participation. If you look at his time on the bench, everytime Native American issues have come before the court he has sided WITH the Tribes

[@ReneeLemke-mf3kn]

And this system Department of Human services is not supposed to take money for adoption either.

[@joannebottcher9779]

It is shocking that adoptive parents are not thinking of the best interests of the child.

[@ronjaj.addams-ramstedt1023]

Not shocking. USA and South Sudan are the only two countries on this Earth that officially, formally do not respect the human rights of children. Why is the UN Convention on the Rights of the Child, effective elsewhere since 1990, still unratified in the US? South Sudan has at least the excuse that their country did not yet exist in 1990!

[@sandrafernandeserickson3775]

💘💘💘

[@tracyclark7560]

If corporate lawyers are representing nonnative clients then that means they are following ambulances, which would never want A.I. to input legal library correctly into AI data banks, so the outcome could take in consideration real laws, constitutional, state--historical set up, rather than monies convoluted self interest.

[@sameemas1723]

THEY ALSO NEED REPARATIONS FOR THE WAY THEY WERE BEING HUNTED TO NEAR EXTINCTION BY THE U.S. GOVT .

[@Warrior_Resisting_Colonialism]

Thank you, relative.

[@sameemas1723]

@@Warrior_Resisting_Colonialism my ancestors were victims of a different pale skin . The spanish speaking pale skin . yankees/conquistadores , Same devils

[@bbpersonalpage1613]

Whose stopping them from asking for reparations???? Or Suing the U.S??

[@Warrior_Resisting_Colonialism]

@@bbpersonalpage1613 We seek liberation; separation from your forced colonial state. We want our land back, not your filthy blood money. We ain't asking! The doctrine of Jesus "discovery" is falling! The settler colony of the US doesn't deserve to be "sued" it deserves to be abolished for it's crimes against humanity. The evil colonial empire shall fall, like all evil empires before it. NO ONE is stopping us!

[@tadpoleinajar68]

how about upholding treaties?

[@Warrior_Resisting_Colonialism]

Terrorist organizations do not uphold their word.

[@wtfa2910]

Can someone please tell me for someone who does not know I visited the United States in 2019 and when I went to Walmart in page, Utah they had a wall full of photos of Native American kids that were missing now where they missing or did they Run away just wondering?????

[@bears_bears_bears]

You would be shocked to know how many Native Americans go missing, especially women and girls. There are thousands and thousands of missing and murdered Native American women and girls and no one bothers looking into the crimes or looking for them. The US acts like they care, but they still don't.

[@Warrior_Resisting_Colonialism]

They are not running away. They are being stolen, murdered and or sold into the sex trade.... No. The answer to your question is no, no one cares.

[@antoniourbinasf]

The decision was a surprise because it was expected the court would rule in the best interest of the children; instead it ruled based on the tribal nation sovereignty placing the welfare of the children irrelevant to the issue. I hope it also coincided with the best for the children instead of politics.

[@Thomas_Oklahoma]

No one knows better than Native families, communities and tribal nations on how to properly raise and teach their children. Stay out of your business Mr wannabe colonizer.

[@Warrior_Resisting_Colonialism]

Our children are not your colonial pawns! WE shall decide the fate of our children, within our own nations. We need no lip from colonizers!

[@Thomas_Oklahoma]

@@Warrior_Resisting_Colonialism He's a paid troll or bot of the various social services and allied Christian churches who want the ICWA dismantled. They all know Native children come with millions in federal adoption money, and they want the change to indoctrinate again.

[@antoniourbinasf]

@@Warrior_Resisting_Colonialism WE means your interest not necessarily the child best interest nevertheless.. it's the same argument straight homophobic people did against gay couple adoption

[@queerdo]

Wanna ask all the indigenous kids taken from their parents and communities and cultures, and placed into white foster homes? Ask them if their best interests were served? Indigenous children have an absolute right to their culture and their nations and their land. And absolute, inalienable right. And THEY didn't make that political. White folks made their birthright political, and then turned around and accused them of putting politics first. Stop it.

[@kittys.2870]

Finally! Hurray!

[@victoriapearce6145]

Hurrah... finally respect for native people

[@Warrior_Resisting_Colonialism]

This is not "respect"

[@ReneeLemke-mf3kn]

I just happen to be Pocohontos and Ida. It did not just happen yesterday. My sovereignty was violated last night when Lying Larry had the DMPD and that girl and gay cowboy stole my bag with my laundry in it.

[@bikomafuta5455]

Indian native will be able to adopt or given first choice.

[@I00OOooOO00I]

Hope...somewhat restored

[@Warrior_Resisting_Colonialism]

There is no hope within settler colonialism.

[@ForJusticeForFreedom]

Beware of where u receive your knowledge and from who.

[@marytrafford8214]

Love for my sister wont change

[@PSIM-lc1cv]

YESSS!!!! 🤩

[@mashonism]

This has happened to Black American children in 2000

[@dianahill5116]

For over two hundred years, in America.

[@r.c.rosario8435]

"merely because the child is an Indian" -Justices Alito and Thomas communicate the entirety of their character, in a single word. "Indian"? Really? Hearing Canadians refer to native indigenous peoples as "First Nations", shows how far our U.S. residents have to travel, to encounter any semblance of cultural maturity. (and no, Clarence, Indians are from Near East Asia, not America)

[@avatar-wc6jd]

Just adopt them to Asian families👍🏿💯💯💯

[@willielee5253]

❤God bless ❤

[@blaque6160]

It's time for us to receive reparations and sovereignty as well .

[@jame2182]

JULY 2020 SUPREME COURT JUDGE TREATIES BINDING OKLAHOMA

[@Tonsirton]

Set Up A Shoulin Monestry!!! @shi Heng Yi

[@Tonsirton]

🎯🎯🎯

[@lastshadow5524]

WOW!….hopefully the dark copper colored indigenous North America Indian is next!!!

[@richardh8082]

Its a start

[@albertlorenzo655]

When it comes to law and lawyers children and money is where you find it. Cash cows with a monthly check. Remember were talking middle man protecting his interest money making formula.

[@moanahughes3593]

✊️❤

[@arunavadasgupta2147]

I have written many Articles on International judiciary system Hardvard Law school Would give me law degree Oxford University of law Would give me Doctorate in law

[@madArt1981]

Why the deception? Why substitute fascism for conservatism? Surely it’s plain to see, that a certain “Conservative” party has a large number identifiable characteristics with the Fascist ideology.

[@angelR.1392]

What happens if the child isn't in roll in the tribe. What happens then

[@Warrior_Resisting_Colonialism]

People who are not citizens of Indian nations are settlers. Only a sovereign nation declaring citizenship is what makes an Indian child. Everyone else here on Indian lands is a colonial settler.

[@sosure]

and don't even get me get started on the transgender kids! Jeeez!

[@krunoslavregvar477]

Sorry, what do you mean by "white families", "white people" ...???

[@vinniecasqer840]

The gifts for fighting for the Confederacy and black slavery.

[@IceLynne]

Why are blaming "conservatives". Name names and talk about them instead of painting with a broad brush. There's a big difference between politics and citizens and both sides of the aisle are at fault for doing wrong and misguided things.

[@tiffanyr4355]

Freaking Criminals

[@seanjenkins331]

Couldn't u use these same arguments to justify affirmative action? I'm confused

[@zaharralane3753]

They avoided the race question entirely

[@sanjivjhangiani3243]

Not really. Under the Articles of Confederation, states had the right to regulate Indian affairs, and this led to a host of problems. So, one of the reforms in the US Constitution was to restrict the regulation of Indian nations to the federal government (apart from the tribal governments, of course). So, the justices aren't making a broader argument about race; they are saying that the tribes have certain protections under the Constitution and Congress had the authority to make a law protecting Indians from interference by state governments.

[@antoniourbinasf]

I presume there were native homes available for these kids since the main concern is the well--being of the children. For instance, Peruvian children have been adopted by Europeans because they offer better opportunities. We are supposed to be in a multicultural world no?

[@Thomas_Oklahoma]

So you're saying that White People are better at raising children and are the only group who can provide opportunities? You reek of colonial entitlement with pseudo justifications and racist assumptions.

[@Warrior_Resisting_Colonialism]

"Opportunities" to settlers and to Indians may be drastically different. Your mindset is that of a supremacist, colonizer. Believing you know better than those you oppress. Generation after generation, so many of you never change.

[@TOPDadAlpha]

Fantastic news

[@elizabethjok2880]

The state rarely follows the law..

[@teresastuart1516]

❤❤❤❤❤❤❤❤ ❤😊

[@ib1ndgo263]

@0:27 NO YOUR SCARED TO. -blk/ blkfeet 54yr fem