5th Circuit Reverses, Says ICWA Does Not Violate Constitution Or States’ Rights

(August 16, 2019, 3:05 PM EDT) -- NEW ORLEANS — In a divided decision, with the dissenting opinion yet to be filed, a Fifth Circuit U.S. Court of Appeals panel on July 9 reversed a Texas federal judge and held that the Indian Child Welfare Act (ICWA) and its implementing rule do not run afoul of the U.S. Constitution (Chad Brackeen, et al. v. David Bernhardt, et al., No. 18-11479, 5th Cir., 2019 U.S. App. LEXIS 23839)....