URGENT!! ICWA STRUCK DOWN IN DISTRICT COURT

 Comments Off on URGENT!! ICWA STRUCK DOWN IN DISTRICT COURT
Oct 042018
 
Destination Heaven

FINALLY!
October 4, 2018
Northern District Court of Texas, Civil Action No. 4:17-cv-00868-0
BRAKEEN v.. ZINKE

ICWA DECLARED UNCONSTITUTIONAL

Among several other requests that were granted –

F. Indian Commerce Clause Claim
Plaintiffs also claim Congress did not have the constitutional authority to pass sections 1901–23 and sections 1951–52 of the ICWA under the Indian Commerce Clause. Ind. Pls.’ Br. 66, ECF No. 80; State Pls.’ Br. 49–52, ECF No. 74. Defendants counter that the Indian Commerce Case 4:17-cv-00868-O Document 166 Filed 10/04/18 Page 46 of 47 PageID 4175
47
Clause grants Congress plenary authority over Indian Affairs. Fed. Def’s Resp. Ind. 35, ECF No. 123; Trib. Defs.’ Resp. 21–28, ECF No. 118. But as shown above, Murphy does not permit Congress to directly command the States in this regard, even when it relies on Commerce Clause power. Murphy, 138 S. Ct. at 1479. Therefore Plaintiffs’ request for a declaration that these sections are unconstitutional is GRANTED.

Final Judgment ICWA STRUCK DOWN
167_-_final_judgment ICWA STRUCK DOWN –

Brackeen v Zinke – ICWA UNCONSTITUTIONAL
166_-_order_on_msj

START WRITING YOUR AMICUS BRIEFS

Court Rules in Adoptive Couple vs. Baby Girl; Clears Way to Finalize Adoption

 Comments Off on Court Rules in Adoptive Couple vs. Baby Girl; Clears Way to Finalize Adoption
Jul 182013
 

By Elizabeth Sharon MorrisAdoptive Couple vs Baby Girl

On June 17, 2013, the South Carolina Supreme Court gave Matt & Melanie Capobianco a victory in Adoptive Couple v. Baby Girl in remanding to Family Court for prompt entry of an order approving and finalizing Adoptive Couple’s adoption of Baby Girl.

The Christian Alliance for Indian Child Welfare is relieved that Veronica will be returned to the parents chosen by her birth mother, who, according to the SCOTUS, was the only legal parent and had sole right to decide her child’s best interest.

SCOTUS has confirmed that State law determining abandonment trumps the Indian Child Welfare Act. In doing this, the Court has slightly limited ICWA. This is a good first step in the effort to stop the hurt ICWA is causing children and families across the United States.

We have a long way to go to unshackle other families begging help. To meet their varied concerns, we need the “best interest of the child,” the rights of non-tribal extended family, the “Existing Indian Family doctrine,” and the wishes of all parents who reject tribal jurisdiction to be held in higher regard than the wishes and demands of governments. Our children are not chattel for tribal government.

CAICW continues to appreciate the June 25th concurring opinion of U.S Supreme Court Justice Clarence Thomas in his citing of the work of Rob Natelson, Senior Fellow in Constitutional Jurisprudence, Independence Institute & Montana Policy Institute, concerning the unconstitutionality of the ICWA.

The Christian Alliance for Indian Child Welfare (CAICW) is both a ministry and advocacy group. CAICW has been advocating since February 2004 for families at risk of harm from the Indian Child Welfare Act (ICWA). Our advocacy has been both judicial and educational, as well as a prayer resource for families and a shoulder to cry on.

Elizabeth Sharon Morris is Chairwoman of the Christian Alliance for Indian Child Welfare and author of ‘Dying in Indian Country.’ http://dyinginindiancountry.com/