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Court strikes down Native American adoption law, saying it discriminates against non-Native...
Washington Post / MSN ^ | October 10, 2018

Posted on 10/10/2018 9:48:37 AM PDT by SMGFan

The landmark law governing adoptions of Native American children, designed to keep them within Native American families, has been struck down as unconstitutional by a federal judge in Texas.

In an Oct. 4 ruling that has stunned Native American rights advocates, U.S. District Judge Reed O’Connor found that the Indian Child Welfare Act of 1978 illegally gives Native American families preferential treatment in adoption proceedings for Native American children based on race, in violation of the Fifth Amendment’s equal protection guarantee.

Additionally, O’Connor ruled that the law violated the 10th Amendment’s federalism guarantees, specifically the so-called “anti-commandeering” principle established by the Supreme Court most recently in a 2018 sports gambling case, Murphy v. NCAA et al, which bars Congress from “commanding” states to modify their laws. In this case, O’Connor found that the ICWA “offends the structure of the Constitution,” since it requires state courts to implement a policy “unequivocally dictated” by the federal government. The same doctrine has been used by at least two federal courts, in Pennsylvania and California, to block the Trump administration’s crackdown on so-called “sanctuary cities.”

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: 10thamendment; adoption; anticommandeering; commandeering; grouprights; icwa; illegalimmigration; illegals; indianchildwelfare; karma; murphyvncaa; nativeamericans; ncaa; sanctuarycities; statesrights
Any comment Elizabeth Warren?
1 posted on 10/10/2018 9:48:37 AM PDT by SMGFan
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To: SMGFan
More winning with our new Supreme being there.


2 posted on 10/10/2018 9:55:30 AM PDT by Grampa Dave (Dems @ the Kavanaugh lynching, told the world that non gay men of any color have Zero future w/them!)
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To: SMGFan

Murphy v. NCAA et al, which bars Congress from “commanding” states to modify their laws. In this case, O’Connor found that the ICWA “offends the structure of the Constitution,” since it requires state courts to implement a policy “unequivocally dictated” by the federal government.


Let’s see which laws would fall under this ‘commanding’ law’s purview

In no particular order:
ethanol usage
marriage rights
abortion
‘gay rights’
organized gambling

and so on.


3 posted on 10/10/2018 9:57:15 AM PDT by PIF (They came for me and mine ... now it is your turn ...)
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To: SMGFan

The end of government sanctioned racism - affirmative action- is coming


4 posted on 10/10/2018 9:58:44 AM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: SMGFan

Sauce for goose must be sauce for gander. Somehow it seems wrong that there can’t be a prioritization if not an ironclad requirement of matching ethnic backgrounds. But oh well. The “liberal” sacred cow just dropped a patty where it wasn’t expected to.


5 posted on 10/10/2018 9:59:05 AM PDT by HiTech RedNeck (Tryin' hard to win the No-Bull Prize.)
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To: SMGFan; All

Should say American Indians.A Native American is technically anyone born in the US (though one could argue it could mean anyone born in North, South, or Central America).People use the term as a politically correct term, as in “they were here first and the white man took their land”.


6 posted on 10/10/2018 10:47:38 AM PDT by raccoonradio
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To: SMGFan

Native Americans adopted ONLY by other Native Americans!
Blacks adopted ONLY by other Blacks!
Whites adopted ONLY by other Whites!
Orientals adopted ONLY by other Orientals!
Latinos adopted ONLY by other Latinos!
Left-handed Americans adopted ONLY by other Left-handed Americans!

/s


7 posted on 10/10/2018 11:00:39 AM PDT by BwanaNdege
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To: Grampa Dave

Well, Texas court actually.


8 posted on 10/10/2018 12:44:10 PM PDT by SMGFan ( .)
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To: 2banana

I hope the end of affirmative action is coming————it was unfair from Day One-——even to those it was supposed to help.

.


9 posted on 10/10/2018 12:47:18 PM PDT by Mears
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To: BwanaNdege

Children of Catholic mothers only to Catholic families...
Children of Satanists only to Satanists...


10 posted on 10/10/2018 12:51:34 PM PDT by piasa (Attitude adjustments offered here free of charge.)
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To: Grampa Dave

Then, from past experience, my brain is 236 years old.


11 posted on 10/10/2018 7:05:48 PM PDT by gigster (Cogito, Ergo, Ronaldus Magn us Conservatus)
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To: Grampa Dave

Then, from past experience, my brain is 236 years old.


12 posted on 10/10/2018 7:06:20 PM PDT by gigster (Cogito, Ergo, Ronaldus Magn us Conservatus)
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To: gigster

Whoooops!!!!! Wrong story.


13 posted on 10/10/2018 7:10:28 PM PDT by gigster (Cogito, Ergo, Ronaldus Magn us Conservatus)
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To: raccoonradio
Should say American Indians.A Native American is technically anyone born in the US (though one could argue it could mean anyone born in North, South, or Central America).People use the term as a politically correct term, as in “they were here first and the white man took their land”.

An American Indian would be someone who moved from these United States to India. A more accurate term would be aboriginal Americans, or perhaps tribal Americans, if you don't know the specific name (Cherokee, Crow, Choctaw, etc.).
14 posted on 10/10/2018 8:20:00 PM PDT by Svartalfiar
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To: BwanaNdege
The reason for the law is abuse...children taken from poor dysfunctional families and given to affluent white middle class homes when there were friends or family willing to take them in. A lot of older kids were placed with families with a totally different culture, and a lot of them ended up messed up. Amerindians have a long tradition of adoption,but their wishes to place the children within the tribe was overruled by bossy white social workers. And its not just AmerIndians. After the tv show Different Strokes, a lot of affluent parents wanted to adopt black kids to show they are liberal, not because they wanted to care for a kid, But there was a long tradition in the black community to take in the orpaned kids of friends and family Ditto for white kids of course. But they might not be placed by social workers because the person might be older, single,or lack a separate bedroom for every kid.

Another problem is that adoption agencies run by churches tend to place kids with believers.

I would have to wonder if this was to stop discrimination against gay parents.

15 posted on 10/10/2018 11:41:09 PM PDT by LadyDoc (Liberals only love politically correct poor people)
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