SCOTUS Case Could Devastate Native Tribal Sovereignty In The US

Mark Joseph Stern joins Sam to discuss the Indian Child Welfare Act. The law was designed to protect native children during the adoption process in an effort to keep them with their tribe as much as possible. But a case in front of the Supreme Court is challenging the law and calling it racist against white people. If SCOTUS does overturn ICWA it could have disastrous consequences for tribal sovereignty in the US.

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This is a case that is not getting a lot of attention. It seems to me broadly speaking in the media. but it really it can seriously implicate the lives of many many Native American children. Of native people more broadly. And I I think it's worth noting this is a case about child adoption right? It has drawn the attention and support of almost every major conservative Corporation and law firm in the country who have all weighed in against native people and Native families and on the side of white families who want to take these children away from their tribes and essentially assimilate them into white culture. That's not a surprise because the conservative legal movement has been attacking what we call Indian law for many years now. why? well Indian law protects reservations and tribes from a lot of corporate exploitation and state exploitation. it protects the States from basically seizing these children from reservations and adopting them off to white families. and it prevents States and corporations from buying or exploiting land that tribes are located on and taking natural resources like oil that happen to be under them. and so this is actually about a lot more than just adoption. That is kind of the entry point for a case that's really an existential threat to Indian protections more broadly. all right and I just want I want before we get into the details of this case I want you to just sort of make this more clear. the idea is that if certain principles can be established in this case that have to do with adoption they can be carried over into cases that just simply have to do with Native rights over property and therefore you're getting corporations involved in something that has really nothing to do with them on its face. but they are looking to develop principles that can then be carried over into these other cases that have to do with just just about money and exploitation of resources.