Law360: High Court Allows Longer Arguments In ICWA Dispute
October 4, 2022
The US Supreme Court approved a request that grants the US Department of Justice and various Native American tribes extended time for oral arguments in a case concerning the Indian Child Welfare Act (ICWA), which established federal standards for state child custody cases concerning Native American children. Texas and other individual plaintiffs claim that the law violates equal protection under the Constitution. “In truth, plaintiffs blue-pencil the Constitution with their own policy views,” the tribes argued. “Plaintiffs do not represent Indian tribes, families, or children but fill their briefs with claims about Indians’ best interests.” The Navajo Nation is represented by Jeffrey L. Fisher and Ephraim A. McDowell of O’Melveny & Myers LLP.
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