Thanks to @Symons_Caleb for this great article distilling Brackeen's potential impact on issues of tribal sovereignty. I was honored to have been interviewed for it alongside Michalyn Steele, Kate Fort, and @acrolnick!
For my thoughts on some scholars' responses to Brackeen and the historical work that needs to be done in Indian Law cases, see my post on the Balkinization Blog:
https://t.co/Pmw6gRZHKh
I have some questions for the Chief. He notes on page 21 "The importance of an end point [in Grutter] was not just a matter of repetition. It was the reason the Court was willing to dispense temporarily with the Constitution’s unambiguous guarantee of equal protection."
In Harvard/UNC case and in VRA case, Roberts insists it's never OK to aim "racial balancing" or "proportional representation" yet in both cases we get a subtle assurance that all the systems still mostly benefit white people.
For 35 years: Correcting historical discrimination is not a compelling enough goal to justify race conscious admissions. The only interest you can legally pursue is diversity. Today: Diversity is not a goal we can measure, so that can't be the goal.
Join us online next Friday to discuss Arizona v. Navajo Nation, the trust responsibility, and water With Bret Birdsong, Michelle Brown-Yazzie, Andrew Mergen, Paul Spruhan & John Tahsuda.
The Indian Nations Gaming & Governance Program presents In the Supreme Court, Arizona v. Navajo Nation: What is the extent of the United States’ trust responsibility to Indian nations for implied rights? on June 29, 2023 from 10:00 a.m. - 12:00 p.m. https://t.co/clC3zuL5xH.
@Atagahi@rebeccanagle@grahambrewer He has a serious discomfort with moments he sees as race classifications, but is at times willing to acknowledge facts, history, harm, and the need for remedy. He trying to carve out some kind of space between the VRA, Brackeen, Adoptive Couple, Parents Involved, and (likely) AA.
"GPA immediately secured power to central and southern Guam and isolated feeders in order to merge the system into one," the utility stated Thursday in a press release.
#StayPOSTedGU
https://t.co/7r1eHtF4KH
Surprised? yes/no. The #Brackeen outcome is legally correct and obvious. I was worried that more on the Court would grab onto Texas' wild arguments, Thomas' hostility to Indian law, Alito's venom about "one drop of Cherokee blood" & the Goldwater/Gibson Dunn campaign. #icwa
My policing and family policing research emerges from the trauma of state violence. Not by choice, but out of necessity. Family instilled in me that we need every heart, mind, tool, and dream to remake this world anew and my role within that fight is to document and elevate. 1/7
It is increasingly clear that Trump intends to claim his indictment is an example of selective prosecution
What may be less clear to people is how difficult it is to succeed on such a claim
The Supreme Court has spent decades giving prosecutors the power to pick and choose cases
Barrett 1: Congress has power to enact ICWA, no "family law carveout." Power rooted in Const "not the atmosphere" but in "preconstitutional powers" inherent in nationality. #icwa#Brackeen
Maj. op. seems like a roadmap for future EP challenge that avoids standing issue. Yet of the 7 only Kavanaugh seems anxious to address it. In Congressional power discussion, Maj cites cases upholding even non-citizenship Indian classifications against challenges. #icwa#brackeen
Important things about majority: Strong statement on Congressional IA power. Rejects 'kids' interests v tribes' interests' framing. Makes plain often-obscured fact that white adoptive parents almost always keep the children (of others); most did here and plan to adopt more.