Why are right-wing groups targeting a law aimed at protecting Native families? - 2022-11-07

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F1.png Why are right-wing groups targeting a law aimed at protecting Native families? November 7, 2022, Julia Lurie, Mother Jones

The Brackeens' case did not organically evolve from a local custody fight to a Supreme Court case. Rather, it is the result of yearslong effort of a small group of right-wing organizations to overturn ICWA.

Among them are the Goldwater Institute, a conservative think tank in Arizona that has argued against ICWA in more than a dozen cases since 2015, claiming that the law denies Native children of equal protection against abuse and neglect because of their race. Clint Bolick, who led Goldwater's litigation strategy before becoming a justice for the Arizona Supreme Court, has made a name for himself arguing discrimination in cases ranging from voting rights to school integration to affirmative action. The Times once referred to Bolick as the "political right's point man on race."

Then there's Gibson Dunn, the law firm which has been representing the Brackeens pro bono. The firm has represented plaintiffs in several cases that take issue with laws specific to Native communities; Matthew McGill, the lawyer representing the Brackeens, also serves as counsel for a casino company in a federal case arguing that the Washington law limiting sports wagering to tribal entities is discriminatory. Gibson Dunn is known for representing Chevron in the decade-long lawsuit brought by indigenous communities in Ecuador, as well as the corporation behind the Dakota Access Pipeline.

Wikipedia cite:
{{cite news | first = Julia | last = Lurie | title = Why are right-wing groups targeting a law aimed at protecting Native families? | url = https://www.motherjones.com/politics/2022/11/supreme-court-indian-child-welfare-act-native-sovereignty-icwa-tribes/ | work = Mother Jones | date = November 7, 2022 | accessdate = February 22, 2023 }}