Need For Rehearing Of Split ICWA Ruling Debated In 5th Circuit

Mealey's (October 25, 2019, 9:13 AM EDT) -- NEW ORLEANS — Separate petitions for rehearing en banc of a Fifth Circuit U.S. Court of Appeals’ decision that the Indian Child Welfare Act (ICWA) and its implementing rule do not violate the U.S. Constitution should be denied because the petitioners do not meet the requirements for rehearing, and a partial dissent by one judge does not provide grounds for reconsideration, several Indian tribes argue in an Oct. 23 response in opposition to the petitions (Chad Brackeen, et al. v. David Bernhardt, et al., No. 18-11479, 5th Cir.)....