The Story of Baby O: Rebecca Nagle on the Supreme Court Case That Could Gut Native Sovereignty

[@whiteraven69]

The Indian Child Welfare Act was inacted because our tribal children were taken from their parents and were adopted out to Christian and religious people far away from their tribes. This was an intentional act to “civilize” the Natives and part of a bigger plan to decimate the Native /Indian tribes. ICWA was made into law to protect our people, after many broken treaties . ICWA law has preference for immediate family and tribal members before the general population. All efforts must be made to make these placements and the case of Baby O is an example of back alley support to get Baby O adopted and the obvious ignorance by the Social Workers to contact and support the tribe and the family . To have this law overturned will be a travesty to out tribal people.

[@GladysAlicea]

Justice Gorsich said it well; all the other laws would go to. OTOH, no mention of how old Baby O is now, and what's in the best interests of the child. That should be a concern as well, but not enough to justify what overturning ICWA could eventually do to all other Native laws. Seems that many other greedy interests are at play here. As usual, it's profit over people. One example is the Native gambling issue, which has lifted millions out of poverty and given them wonderful middle class lives. Another is the private adoption industry. To stop this, and if the issue of what's best for the child is carefully examined and decided in favor of the couple, couldn't it just be a one-time exception?

[@nicholashalsey2314]

@@GladysAlicea I agree, the ones who put money into overturning this is more about the greed and criminal corruption that has already been done to steal this land. More will be revealed!

[@TheElive07]

My great-grandmother was one of those children in the 1800s, and during the early 1970s, my Mom was constantly going back to that county to help her cousins keep their inherited lands. I always found it suspicious that by the late 80s both their sons had died mysteriously and by the time the last sister died the land was "lost" to the county. We still don't know what happened or who killed my cousins but one was decapitated in a wreck while being chased by a car. The other was shot and killed, but neither crime was resolved.

[@OK-pi6fq]

I agree, but is this child being adopted away for those reasons? Is this still the aim of the surrounding culture? I can see not taking kids away from families and then adopting them out, but this child was given away. I think that is not the same right off the bat. This family clearly loves this child. They were allowed to foster the child, so I think they should have rights to adoption. I bet that child loves them like they are O’s parents. It’d be ripping it’s family away. That’s the same cruelty as what was done to native peoples having their families ripped away. That baby and those people don’t care about the politics, the racism. They are trying to save their family. That baby wants them to win. I don’t think the law should be stricken down, but I think an amendment needs to be made.

[@whiteraven69]

@@OK-pi6fq I hear what you are saying. The issue particularly when a baby is newborn, it takes time to identify if they are a tribally enrolled member. Children’s Services may not have trained Social Workers who know ICWA law. From my understanding the baby was with the fosters before they or the Worker knew of the Tribal Status, yet, the Worker did not follow the tribal ICWA priority and contact the tribe or family when she first learned about the child’s identity. The Office and the Fosters were clearly out of line in their initial avoidance to follow the law. Than they worked to undermine ICWA, and tried to convince the tribe and family that it was not on the child’s best interest …meanwhile keeping her and fighting the tribe. While I agree this is a heartwrenching situation, as a former State ICWA Coordinator and tribal liason I know this case was not handled appropriately , and the bias to continue to keep the child despite the ICWA preference shows contempt for the law and the tribe.

[@nicholashalsey2314]

All Americans need to be very aware of these political actions in the Supreme Court as this pertains to not just only Native Americans. Always remember, we Tribal People have been here for thousands of years.

[@dannmarceau]

✔

[@publicutility]

Discovery doctrine. Only representatives of a christMyth monarch can claim lands.

[@hughjassle5876]

One would think in that amount of time y'all would be way ahead of where you are now. Middle of the 19th century, and y'all still didn't have the wheel.

[@randibgood]

​@@hughjassle5876 You're a huge something alright.🙄🤦

[@hughjassle5876]

@@randibgood guess what, buttercup. I've kinda developed the attitude that I really don't care what people call me when I'm right.

[@Marella2024]

Anyone holding these justices to a higher level of character is delusional. This was a great conversation! Well done 👏🏼

[@jandunn169]

They are obviously very biased by their own religious and racial backgrounds, having already overturned Roe v. Wade. Rebecca made a very good point about the racial stereotyping regurgitated by the these Justices to make these arguments. I think this would be a good argument in the court to show bias on their parts.

[@challythompson1345]

Thank you Democracy Now for reporting on these important issues!

[@AudioPervert1]

theres nothing called Native Sovereignty - Not the least in America - When we see the timeline of colonization. 500 years of land-grab These woke english speaking anglo-saxon turds reading the news is that very late-legacy of... These woke turds of late-empire, are basically invested in a system which is based on destruction, robbery and pilfering. Their supreme court of injustice cannot do anything to stop land-grab, theft and destruction of lands (be they urban or native redskin wind-eagle sacred bullshit) We know well that, that the remaining natives, of north america, loose land and power every year. Colonization is still going on. Parasite Species Remember. F**K this mainstream media mud - a totally botched agenda, to inject hoodwink hope into a society in precipitous fall.

[@AudioPervert1]

theres nothing called Native Sovereignty - Not the least in America - When we see the timeline of colonization. 500 years of land-grab These woke english speaking anglo-saxon turds reading the news is that very late-legacy of... These woke turds of late-empire, are basically invested in a system which is based on destruction, robbery and pilfering. Their supreme court of injustice cannot do anything to stop land-grab, theft and destruction of lands (be they urban or native redskin wind-eagle sacred bullshit) We know well that, that the remaining natives, of north america, loose land and power every year. Colonization is still going on. Parasite Species Remember. F**K this mainstream media mud - a totally botched agenda, to inject hoodwink hope into a society in precipitous fall.

[@dianahill5116]

Still waiting since 1964 to have my adoption nullified, and take back my legal birth certificate. And not have that authority or custody be given back to my biological relatives or their relatives. As a child I was legally removed from one group of dysfunctional and abusive group of people. And placed into another group of abusive and dysfunctional group of people. I am in need of a lawyer to represent me. I am okay with going to the United States Supreme Court. This is as important as: Brown vs The Board of Education. There should have been federal legislation written centuries ago; that allowed adopted people to have their adoption nullified. There should have been legislation in the United States Constitution or in the Bill of Rights or in the Ammendments; that allows adopted people to have their adoption nullified. Regardless of their age. Several law enforcements, the AG of California and the ACLU are a few organizations that have been informed. Why doesn't my birth certificate have the word: Adopted? This should be mandatory for all adopted people. The United States government and judiciary system failed to inform adopted people; upon being adopted their legal problems would begin. Having an adoption nullified would be similar to divorce laws. Stating abuse, rape and incest. Stating ereconsiable differences and conflict of interests.

[@villedocvalle]

A point that I haven’t heard yet

[@dianahill5116]

@@villedocvalle The Watson's from Munster Indiana have been deliberately delaying this trial for over twenty years.

[@dianahill5116]

@@villedocvalle In the mid-1990's, about twenty years after my adopted parents divorced. My adopted mother Ilamae (i-la-mae) Catherine Frances LaPert Watson/ Pauley was on the Oprah Winfrey Show. I never saw this episode.

[@dianahill5116]

@@villedocvalle The Watson's of Munster Indiana have been aiding and abetting and protecting a pedophile. Their reputation(s) and lifestyle(s) are more important than my freedom.

[@dianahill5116]

I would appreciate Kenneth Feinberg being my lawyer.

[@theblackmessiah2050]

I'm praying for the indigenous people.

[@OurMackeyAndDottieShow]

As I 👍

[@ArceeStarFan]

This why we have Fascist in the Supreme Court and Clarence Thomas doesn't even care..

[@jwhbos]

Why separate fascists from Clarence Thomas? All republicans judges on that court are fascists. Lol

[@ArceeStarFan]

@@jwhbos I'm saying that Clarence Thomas he doesn't care for civil rights laws or people of color since he's black.

[@genossinwaabooz4373]

C Thomas is a Quisling perhaps. He's so down with the whole program.

[@j.s.8441]

Keep your hands off our kids. We know what happens to kids in the system. Ask a foster kid it’s horrific. The baby should be with family doesn’t take a rocket scientist to figure that out.

[@obsoleteelite8258]

There is no one group of people I care about more than the Native Americans. I would be happy spending the rest of my life fighting for their rights if that’s what it took.

[@dannmarceau]

Thank you.

[@jo-annerichardson34]

Me too. From Canada. We're trying.

[@genossinwaabooz4373]

Do it! As do I.

[@gemmeliusgrammaticus2509]

What about your own people . . . 🤔🙄🤷‍♂️

[@obsoleteelite8258]

@@gemmeliusgrammaticus2509 I could answer this several ways. I guess I should say … it’s good not to be selfish. We need more people not to be selfish. And I do have some Native lineage. Besides, they are terribly unadvocated for unlike any other group in the U.S. how would you feel? Of all the lineage I have in my bloodline, they have it the worst and are up against the most. And also the expression “follow the heart” comes to mind. I mean really, who should I be fighting for, my Jewish Lineage?? They have enough help as it is. Besides, a fight for Native Americans is a fight for all Marginalized. Plus we are all one relation … Human. If you have any other questions, I guess I should just say … I have asked my heart what it is that I should be doing in life and you should do the same and not apologize to anybody for following you heart because so many people on their death beds .. their biggest regret is not following their heart.

[@thevision4734]

When child protective services removes a child from home they're supposed to go to the next of kin first. I can promise you that if you look through tens of thousands of records of adoption you will not see a black couple adopting a blonde haired blue-eyed boy or girl. In fact of 137,000 cases I don't see one black couple adopting a white child. The unfortunate reality is that many of these laws are to protect white people not to protect people of color. Native Americans are a little different in that not only is the next of kin supposed to be located, if there is no Mexican they're supposed to go to the tribe who then selects a member of their community to raise that child. That is the one step that native Americans have that any other race does not and has to do with the attempt to keep their culture alive. There is lesson one in 25 native Americans alive today. And for example in the Navajo Nation, there is less than 8% of the people who even speak the Navajo language. The Sioux is somewhere similar something like 10% speak their native tongues but their culture has been wiped out through hundreds of years of removing their children and trying to force him into becoming and living like white people. The tragedy was that here we had these native looking people who could not get a job and could not live within the society that the white people insisted they had to live in. Many of them return to the reservation knowing little or nothing of their culture and having difficulty integrating back into the world they had been removed from.

[@genossinwaabooz4373]

FYI - "Sioux" is Lakota/Nakota/Dakota tribes. Each band also named in thier own language i.e. Mdewankaton Dakota.

[@genossinwaabooz4373]

Oh, and the cultures you mentioned are not "wiped out" as saying it that way implies an extinction, that, remarkably, has not yet occured. Also, on a hopeful note, language preservation projects have done amazing work...worth looking into and supporting in whatever capacity appropriate. Like some place names have been reclaimed...each step being a part of deeper changes all needing to happen. Ojibwe and Lakota language are offered at University of MN (when I attended) so I took 3 years between the 2. My kids got native names. They learned basics of their language from birth....it's hard to msintain without immersion (best for any language) but it's also part of them... Check out the Dakota Access Pipeline coverage to see a bit more how the strength of the people continues! A good place to start. Democracy Now made some coverage but I encourage the independent journalism of Unicorn Riot as a better source for those (and other) events for a close-up look. There's resilient nativr peoples doing the work for their people and the communities in which our modern lives integrate. Even more important then - that ICWA and other legal measures be preserved for children to remain with family whatever circumstances arise. Of course, there's long been claims of child abuse that was NOT substantiated but leveraged just to steal children. The system in US and Canada, in Australia too, always proves to never be a good steward or guardian of these kids - it's genocide same as before, and child trafficking on a very basic level. ICWA works.

[@thevision4734]

@@genossinwaabooz4373 my intention was not to insult.

[@l01j99]

Black people do adopt white children. It's just rare.

[@craffte]

Democracy Now is so important because of stories just like this. Thank you.

[@editing5157]

The Supreme Court is such a terrible institution...

[@이주영-h5j9n]

The Suprime Court full of Insane idiots, how is it possible?

[@genossinwaabooz4373]

From 1st- hand experience I can attest to the devastation brought by living the nightmare contemplated by undoing ICWA. My adoption was an abusive hell. My ex /kids' dad had the same. We both endured white christian parents who had deep psychological pathologies throughout our entire childhoods. Sadism, Munchausen by proxy, psychopathy. Then put a bible on it and dressed up in Sunday best. Every day was a lie. That's the world of adoption itself, even without the ICWA dimension. I know so many others who had similar experiences and aren't tribal members or affilated at all. This is a national problem. But re ICWA, it was there to protect our kids when my adoptive mother falsely reported to CPS as if I was doing something wrong...and took a while for me to find out she was the one who caused the whole thing. It took a couple years of the dysfunctions in CPS...in the end there was no problem. I was not found to be any risk or parenting or other issues. A long fight against a system not working in the best interests of kids (exceptions don't equate with an OK institution). Luck of the draw? whether you get very bad workers or not. The fight was so hard on us all. So much to endure for CPS to determine in the end (& I got decent workers) that my adoptive mother was extremely unstable and where the problem resides. She went after the workers at that point...and I went NO CONTACT later on. I believe adoption is wrong. Foster care as it is = kids for $$$$. There's no evidence-based practice to justify these institutions that can't even be considered a bandaid to the problems requiring competent involvement by/in the community. A start from zero approach would be necessary - look to more humane cultures to build from incl tribal peoples. It's time for Colonial Societies of Europe/US to admit their flaws. This being one of them.

[@nicholashalsey2314]

Thank you, for your point and expressing the main concerns of looking at the real problems the Supreme court needs to recognize the problem within the System of Adoption and evolve into a proactive organization to protect all children in these situations.

[@oonaghanderson6993]

Respect should be shown to Native Americans and their rights, just do the right thing US and keep the promises that were made to these tribes.

[@tuckerbugeater]

no

[@SoupBone-bp1qk]

What Alito said was dumber than dumb. What was the point of that? The reason Europeans came to America was because they were fighting each other due to religious differences. The point is people tend to fight each other due to proximity.

[@debwefoxx9389]

And cultural values of violent “solutions,” which is not a universal. Also- good point!

[@dreamlife2351]

I hate very rich right wing conservatives that want what they want , over the benefits of EVERYONE ELSE. Money talks, unfortunately instead of what’s right and beneficial for the greater good

[@carsi7282]

The law firm, Gibson Dunn, represents many major oil and gas companies. It's very concerning they are providing lawyers pro-bono (that we are aware of). Ms Nagle is correct, this is far more nefarious and it is going after Native sovereignty over their lands. Eminent domain does not apply on tribal lands so large oil & gas and resource companies literally cannot bulldoze over these lands. They have to negotiate with the tribes, beit council and hereditary familial laws. They don't want to do that. Cost too much and the company is held responsible for any damages perpetually. The scary part is this is also associated with the Federalist society. They are also backing this challenge. They are the group that put Steven Donziger on trial for his win of Texaco (now chevron) for the damage they did to the Native tribe land in Ecuador. He was put in front of judges with strong ties to the federalist society, Kaplan and Preska. The last three judges put on the court are all Federalist Society picks. Corruption

[@MinkytheMinkY]

Yes. I thought the conversation would steer this way: the implications of set by Baby O's case (for lack of better words).

[@polimana]

great comment, the corruption goes so deep and is so blatant.

[@KK-bg8iq]

Europeans were at war with each other for centuries before they came to America, and they continued to fight each other once they arrived here. So what relevance does any inter-tribal fighting have in this case??? 😂

[@down-to-earth-mystery-school]

he was perpetuating the myth of the 'dangerous and violent Indian', like white people haven't done the most damage on this planet

[@scoot4348]

I know right. It just shows how ignorant Alito really is. European's committed genocide everywhere they colonized.

[@pamlewis1183]

So does anyone think this SCOTUS will respect these Native People's culture/rights?

[@thearmchairjournalist566]

No!

[@carrieullrich5059]

They might. They did decide Congress can make new treaties in a different case.

[@carrieullrich5059]

Which was instead of overturning hundreds of laws

[@DannyDeee]

SCOTUS don't respect anyones rights but themselves.

[@khanahmed5569]

Wow. America is being flushed down a toilet of capitalism.

[@stonedsasquatch]

Damn colonizers

[@laurabartoletti6412]

🦅 protect Native Tribes' rights , all Native people's rights ! Protect sovereignty & Self-determination ! 🗽 ⚖

[@carsi7282]

Adoption is child trafficking once money is involved. This has nothing to do with what's best for the child. it is cultural genocide. Natives are the ones having children and live in poor conditions because of historic wrongs. That makes them a target to make money. Just like when residential school were filling their seats. There were hunters who tracked the escaping children. That was about money. Do most American realize that every other culture in the world, a child is given to relatives to raise in a familial community. America has commoditized children and families. That's why you have people killing pregnant women for their babies. That's why you shop for children in foreign countries. It's beyond evil and demonic.

[@lollypop2413]

Have these people nor lost enough? All their land language and culture taken now their kids! Leave them alone.

[@debwefoxx9389]

Really important story

[@kesart8378]

How does a man as ignorant--and arguably as meanspirited--as Samuel Alito get to remain on the American Supreme Court?

[@carsi7282]

This case is also to block any cases Native tribes bring for to reclaim land stolen from them. Treaty land sizes were based on the number of tribe members. When the children were forced or siezed to go to residential school, the US government and their contractor used the captive children as threats to get land. In Canada, the Native tribes have the documents and have many cases before the courts. They have an over 90% win percentage. The Catholic, Anglican, Mormon churches are all complicit in this too. They need to pay.

[@TTTzzzz]

In the US there is a constant, never ending fight for or against rights. All fights become judicial. It seems that the US does not have a clue of what human rights are except as a way to force another to give up their own rights.

[@susilemare198]

So chilling ! Have any of the treaties ever been upheld. How can Manifest Destiny just keep rearing it’s ugly head. This needs to go viral and we need to collectively as the newcomers protect the rights of the First Nation Peoples. How can Alito be so callous? he better go to confession and see his priest. Isn’t he a practicing Catholic? What would Jesus say?

[@carsi7282]

Alito is senile and dumb as a post.

[@MsAngleofRepose]

ICWA really important.

[@traceycroxford8880]

A disgrace that baby O was not placed with their own family!

[@BLuddenify]

If this gets out which it will, Baby O is likely to hate them for it! How is this going to effect the babies life. If we ratify some thing into Federal law we should fallow it! In my part of the world they do at least try to find family of the same heritage to adopt, before adopting them out of culture. It doesn't seem like they even tried to find the babies family. This is rite out of the 1800ds.

[@tesschristensen4442]

Everyone should listen to Nagle's podcast, This Land.

[@michaeltudda8462]

I do like to this channel.

[@nicholashalsey2314]

Why? Because this Democracy Now Channel reveals truth?

[@michaeltudda8462]

@@nicholashalsey2314 sounds like a good enough reason.

[@moranmike36]

The legal phase of fascism, help stop fascists!

[@Shineynsparkles]

Are we stepping back in time …like wtf

[@pamlewis1183]

I'VE ABOUT HAD IT WITH SCOTUS ON SO MANY ISSUES.

[@geridinewhite869]

This is so sad ! It makes me very angry !

[@MayaMaya-tj7kw]

And the act has been upheld, yay for native people.

[@antmagor]

So if you are the foster parent of a native child and you are Caucasian and you truly care for the child. You need to understand that trying to gut this law should never be an option. Why, because not every kid will be as lucky to be in a place of safety such as you have provided. Contrary to popular opinion there are racist people who adopt minority children, Some maybe do it for superficial reasons, others may be to prove some thing. But there are a lot of stories from kids who were taken away from their homes and were placed with families that wanted them to conform and abandon their heritage. Now as I said before if you’re not like that and you genuinely care for the child you are Charged with then you need to understand that gutting this law is going to visit a lot of damage on a lot of native children who will not be as lucky as your kid, and that is not how you start a family. Also if you’re fostering kids in general irrespective of their race or religion, you need to remember that nobody is entitled to somebody else’s child. The goal of the System is to try and keep the biological family together, foster homes are meant to provide a place of safety while the work is being done to try and do that. It’s only when it is made clear that the biological family is no longer an option that adoption Even comes into the fold.

[@jamesgray9950]

Rebecca Nagle did excellent in this interview. But please go to her podcast This Land for more analysis.

[@migueldiaz7939]

So they steal a baby and they're able to keep her knowing full family members would take her in? what the hell

[@realtijuana5998]

SC(R)OTUS is indeed the best government money can buy.

[@JohnDoe-jh5yr]

Look up Sen Whitehouse presentations on dark money. That's where this is coming from.

[@Heyitsmicjames]

Oklahoma Indian child welfare act 1982 has been violated in Oklahoma.

[@lindawellner5415]

How often the audio of truthful interviews are interrupted audio

[@lamichiganr326]

*This is why the Biden Admin needs to stack the court with those who are like Justice Ketanji Brown Jackson.* *Hopefully, Justice Gorsuch can talk some sense into the other idiot rightwing justices, but I wouldn't hold my breath.*

[@emiliobello2538]

Oh my

[@이주영-h5j9n]

Are these justices clowns? 🤯

[@williamlitsch5506]

Sigh. Native tribes did fight each other. That's a fact, not a stereotype. Elito's comment isn't a stereotype it's a totally irrelevant comment that has no merit and is meant to introduce bias against tribal rights. It should have no bearing in law, but that's what supreme court justices do. They take their prejudices and apply them to case law.

[@carsi7282]

Whites fight whites too. The Irish and English. The English and French.13 colonies north vs south. English and Spanish, German and Swedes. Whites still fight each other in the bar every night when they get drunk. White children are beaten and raped every night by family members. So what is your point?

[@williamlitsch5506]

@@carsi7282 My point? Did you watch the video?The guest was arguing that it was bigotted or a stereotype that natives fought, and that it was false, but the guest lied. It's an historical fact. Your statement actually shows that you have impicit bias and racist steteotypes against white Europeans. All peoples, including Europeans, originated from tribal peoples. When I say natives, I include white people when they were technologically primitive tribes. You exclude them either because your ignorant or bigotted or both. We are all native to somewhere with tribal roots, but you just don't consider white people human enough I guess.

[@userezdog7564]

Well conflict is a human trait, but it's also a stereotype to say tribal people were any more "War like" than any people today, certain areas, certain peoples, may have been disposed to it more than others, but the way it's portrayed is stereotypical in effect that "ALL TRIBES WERE AT WAR" it's not germane to the question at hand, the constitutionality of ICWA. I say it is is, Congress was clear when it wrote ICWA, it only applies to Federally Recognized Tribal Citizens of U.S. Tribal Nations it's not race based, as there are plenty of state recognized and unrecognized tribal folks whom ICWA does not apply to. Congress can compel states to comply with federal laws, by default via the Supremacy clause of the U.S. Constitution, All federal statutes "ICWA included" are to be treated as the supreme law of the land, and all states will comply with FEDERAL LAW PERIOD.

[@doct0rnic]

It still has nothing to do with this case, people who say that are distracting from the issue at hand and basically justify what the US did by saying.

[@bevguest4743]

Interesting; History lacks to provide that Europeans were at war with each other for centuries, not just with other continent indigenous tribes.

[@Glamaryllis]

It’s a little naive to say that the tribes were constantly at war before the Europeans arrived, considering the Europeans themselves were before, during and after their arrival at war…..constantly. I mean, I get that that isn’t really the point here, but it is an absurd omission if someone is going to try to make an argument like that. But then again, most racist arguments aren’t all that well thought out, are they……

[@J0einOK]

As a victim of tribal sovereignty in Oklahoma, I would be happy to see it stricken. It is used here as an excuse for injustice.

[@userezdog7564]

No

[@khanahmed5569]

Words fail me when I looked at the comments.

[@EVtripper]

When do they make the decision?

[@dalewilliams2291]

Sounds like Justice Alito has gotten all his information about Native Americans from watching TV westerns which are fictional.

[@davidwestwater2219]

The only thing should be at issue is what is good for those two children who have a right to be together and some technical legality should not ruin their lives which is what's going to happen

[@kylev24]

Where headlines?

[@Praisethesunson]

Next on the supreme court docket is Navajo nation vs Arizona. That's over natives being screwed out of access to the water of the Colorado river. Spoiler. The Indians are going to lose that case too. Murican empire is number one baby O.

[@carmenf.thomas4626]

I knew Wima Mankiller

[@greatblackness8828]

Stilling peoples children isn't cool.When that child grows up and find out the family loved hee and faught for her she's not gonna be happy. Keep children with their family. They experiment on children remember the Mexicans children in Texas that were deperated from their parents. These people 😈

[@kieththornton7737]

We think of Native American as the word was when it first came out as immigrants and also 5$ Indians appointed by united state government. 😳

[@mokhtaramran7041]

Am I the only one that thinks this is a simple issue? This particular case can be ruled by the lowest court due to strenuous circumstances. Laws are passed and govern most of society but in this case, it is an extreme and not the norm. This reflects the issue with bureaucrats on the ground not having a brain. How did it let to the Supreme Court? The higher courts may not listen to the precedent of a lower court but said precedent from the latter would 'minorly' circumvent the law thus making similar circumstances case-by-case. I doubt the higher courts would overrule such a 'loophole'. In doing so, you can keep the law while also doing the best for native-american children!

[@mokhtaramran7041]

The courts can also attach requirements on custody for non-native adopters. Like visiting rights for their native parents and/or extended parents, immersion of the child's tribe's culture, etc.

[@MWhaleK]

I'd say that Native tribes were no more or less at war with each other than European Nations were. Also, many of the wars between Native tribes that are recorded were due to interference by Europeans. Being either proxy wars or caused by Europeans unintendedly disrupting things via trade or disease.

[@IRun4Ultra]

Time to integrated this is the United states of America one NATION. Not packets of nations of Chinese, Russians, Mexicans, indians, Africans, ect

[@IRun4Ultra]

First those kind of stuff are unconstitutional first people should understand you are a citizen of the district of Columbia corporation.

[@nicolej5670]

First you should understand the Tribal nations pre-date the United states and have treaty right with the united states. Which is the same as having treaty rights with other countries such as Canada, France, China and so on. Treaties are NATION TO NATION agreements and each nation agrees to the up hold its end of the agreement.

[@michelleryan1861]

the title of this is a bit off.

[@anthonyr5869]

That lady is whiter than I am and claims to be Indian.

[@loyddussaultsr4181]

The native Americans seem to get the same kind of treatment from the US courts as the Palestinians get under Israeli law

[@bapam2]

Should we really maintain this political separation between indigenous people and the rest of us? Isn't it time for it to go away?

[@thecommunistpotato6247]

It’s for the protection of the native children because of years of trauma and culturally protection, we are really the only ones that need it, no other race in America has had their culture stripped to the bone like us, well except maybe African immigrants and slaves

[@bapam2]

@@thecommunistpotato6247 I agree about what happened but doesn't there come a time for assimilation? I'm about 1/8 Cherokee not that is significant but I have empathy. I'm not sure about the assimilation thing either but speculating the population would be better off.

[@timtambigham9513]

No. The point of ICWA is to protect the tribes and their children because they are Tribes, a totally seperate legal governing body that American Government recognizes as such. That means American Government is trying to go into another tribes territory, invade their families and take their children. It's a justice system failure. There is no system involved. Indigenous families have a right to raise their own just like American families do. Indigenous Tribes don't leave their lands to go into American homes looking for children to take and make their own. This is Erasure practice. This is puncturing one of the few laws protecting Indigenous Tribes. Targeting the children is not how you bridge the gap between governments.

[@userezdog7564]

Um... We are are U.S. citizens, but We are also Citizens of our Tribal Nations, in these types of cases we have "Concurrent Jurisdiction" meaning we share jurisdiction if the case happens outside of a tribal court and reservation "Otherwise we have sole jurisdiction". we want to be separate thank you very much, your CPS systems cause enough damage to our families, thank god ICWA exists to try and mitigate the damage CPS systems cause. They don't teach you much in grade school about U.S. / Tribal law and governance do they?...

[@albertstephen2426]

The dispicable fact that this case made it into any court when the father was available says everything that needs to be said about the American Justice System. This case has crept forward while the courts have ignored a ckear violation of the law as well as the spirit of the law which says that every decision in adoption and child welfare cases must be nade in the best interest of the child, not the parents; far less that of unrelated possible adoptive parents. You simply do not have a constitutional right to adopt a child, far less to have a constitutional right to adopt a child over an actual parent. Racist white entitled people aided and abetted by a clearly racist justice system.

[@Mr_badjoke]

Days of the warring tribes stopped before colonization This is true. But It's not exclusive & they just dont process alcohol the same on a biological level just like those of asian decent. its science & historical facts given by tribal elders & scientists not flat "racism" 🤦 you dunderhead

[@jeannetruitt7176]

Wow it's amazing how much she looks like someone I used to know like yeah like really valley girl dies

[@dannmarceau]

"Indian givers"

[@OK-pi6fq]

They love the kid. I bet the kid loves them. I don’t care about anything else. I don’t know the details of why the parents are loosing their kids, so I might not agree with that. In general I think family or blood should have first chances to adopt in general. I thought that was the rule. Hope that is. I can see tribes having some extra side rules, but….. but, if someone gets rid of their kid I see all bets off. That kid was given away and it goes to the first family who will love them with their life, and I think this child has found that family. If they make laws for tribes like this, then I don’t think people who aren’t tribal can even foster. If this baby loopholed , well those tribes need to be bigger and offer the child. Emotional bonds first. That kid gets taken away from the love it’s feeling from it’s adoptive family, and that child will be severely damaged. I’m not saying the law should be ended, just amended. In such a way where this loophole took place, and there can be exceptions to the rule.

[@kesart8378]

OK. With respect, this brief segment hardly supplied anything close to a full understanding of this particular case, or of the much larger issues at stake. Therefore it would be a bit premature to weigh in on the side of the adoptive parents--even if one does so in the belief that one is acting in the child's best interests. Cheers

[@down-to-earth-mystery-school]

except it's highly likely that child will not grow up with any understanding of its rich culture and spiritual traditions, instead these Christian evangelicals will teach it that its people are sinners, doomed to hell.

[@jo-annerichardson34]

Also, they have adopted this child so why is this in the Supreme Court at all? Because it's about much more than this child. It's, as usual, taking rights away enmass against another culture and way of life and exerting absolute power and control over them. Very American. 😕

[@carsi7282]

No. Foster families know that it is a temporary assignment. TEMPORARY. That is the contract and fosters are clearly told that verbally and written. The liars were asked to care for a healthy baby and they decided they wanted to keep it because a healthy baby is very expensive and hard to get to get. Most foster children have medical and social issues. So undesirable to adopt. It's harsh but true. Baby O had family. They were not given a chance to take their relative in because the birth mother abandoned the child and didn't tell her relatives what happened. The time it took for the state to find the actual family. It gave the fosters time to start the paperwork for adoption. It's clear someone at the state didn't want the baby to go to her actual family. This seem very deceitful.

[@timtambigham9513]

"They're savages and don't deserve to raise their own children because children can be nieve and blind and not know they're in danger if the adults around them don't treat them as such" How about you stop thinking you're clever completely ignoring the fact that a Tribe is it's own governing body and the American Judicial system is trying to justify stealing babies from them. Ya know. Like they used to do to black tribes in Africa. Fkng unreal.

[@mns8732]

Thank you Obama and all those smug coastal democrats that made this possible.

[@hughjassle5876]

Interesting this woman yaps on about tribal heritage and indigenous history, and she knows nothing about it. She said she's part of the Cherokee Nation. I wonder if she knows that at the start of the American Civil War 15% of the Cherokee Nation's population was black African slaves.

[@nicolej5670]

They were not slaves they were formally enslaved and were adopted into the Cherokee tribal nations. It didn't matter what someone's skin color was for them to be loved and cared for as an equal tribal citizen. Stop trying to make this a racial issue cause it's not about race it's about NATIONAL TRIBAL RIGHTS AND TREATY AGREEMENTS. The US can not adopt out children from another country without the permission of the other country's leaders agreement and this is how the treaty rights apply in this case also.

[@SpottedHares]

@@nicolej5670 yea their not treated as equal tribal members though.

[@mossypotato9899]

Yall love these whataboutisms. Ok and if they had slaves? We had slaves too! You don't see natives taking our children cuz we had slaves at one point!

[@triggersnowflakes241]

Native Americans want to be treated under the OWN laws even though their crimes and behaviors occur on State or Federal lands...That is utter BS.

[@userezdog7564]

What? that doesn't even make sense what you said. Go look yourself in a mirror and ask that question to yourself then tell me if it made a damn lick of sense.

[@albertstephen2426]

For Alito to make such an ignorant, blatantly racist and derogatory stereotypical statement as a supreme court justice is unconscionable. Utterly telling and equally disgusting.

[@tedmusson5179]

Are all Native people in the America's, holocaust survivors? How does the Jewish ~ European "holocaust survivor" reality translate to the far greater holocaust that Europeans visited on Turtle Island and whatever the parallel name for S.America is. And initially, what is the definition of "holocaust survivor" as it applies to the Jewish European reality? Why are the tiny number of Native people in so-called N.America that survived the many million genocide not ever referenced as "survivors" ? And isn't it about time that the truth of the twentieth century history vis a vis the U$ and tsars and WWI and the nexus with nazi, THE BUSINESS PLOT and naziU$ involvement with Spain and Franco while the zionists perpatrated a murder spree across the middle east. U$ and I$R have both put forth specious versions of the historic reality of the twentieth century.

[@10ftSamsquanchy]

That's a unique piece of jewelry she's wearing. Chonky like my cat

[@sig7948]

common tankies cant pull up a clip