• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Academy of Adoption & Assisted Reproduction Attorneys

Guide Advocate Protect

  • Facebook
  • Twitter
  • Instagram
  • LinkedIn
  • About AAAA
    • News
    • Events
    • Join
    • Our Sponsors
    • Publications
    • History
    • Leadership
    • Awards
    • Governing Documents
    • Contact
  • Find An Attorney
    • Attorney Directory
    • Why You Need an Attorney
    • Selecting an Attorney in Adoption Matters
    • Selecting an Attorney in ART Matters
    • Attorney Listings by State
  • Adoption
    • Birth/Expectant Parents
    • Adoptive Parents
    • Adoption Professionals
  • Assisted Reproduction (ART)
    • Intended Parents
    • Surrogates
    • Donors
    • ART Professionals
    • Medical Professionals
  • Charitable Trust
    • Governance
    • Donate
    • Charitable Trust News
    • Apply for a Grant
    • Families We Are Helping
    • FAQs
  • Fellows Only

AAAA Announces Decision of the US District Court Fifth Circuit Declaring Indian Child Welfare Act Unconstitutional

October 10, 2018 by AAAA-Admin

On October 4, 2018, in the case of BRACKEEN v. ZINKE, in the Northern District of Texas, Civil Action No. 4:17-cv-00868-O, a federal judge struck down the Indian Child Welfare Act (ICWA). The case was brought by the states of Texas, Indiana, Louisiana, and individual plaintiffs, including adoptive parent clients of two attorney members of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA). The court struck down almost all of ICWA and its new 2016 regulations on multiple grounds, including under the equal protection clause (on the basis that the placement preferences and certain other provisions in ICWA are unconstitutionally race-based in nature), the “non-delegation clause” (that 1915(c) unconstitutionally delegates federal authorities to tribes), the anti-commandeering clause (on the basis that ICWA unconstitutionally commandeers states to carry out federal duties), and the Administrative Procedure Act (on the basis that the new regulations were promulgated without authority).

AAAA has long been involved in efforts to seek clarification that the Indian Child Welfare Act—a law passed by Congress in 1978 with the laudable purpose of strengthening Indian families—should never be applied in ways that undermine the best interests of children. AAAA supports legal efforts to ensure Indian children have the right to equal protection under the law.

Primary Sidebar

  • About AAAA
  • News
  • Events
    • Annual Conference
    • Mid-Year Conference
      • Mid-Year Conference Materials (Password Required)
    • Webinars
  • Join
  • Our Sponsors
  • Publications
    • Resolutions
    • White Papers
    • Amicus Briefs
  • History
  • Leadership
    • Meet Our Officers
    • Meet Our Trustees
    • Past AAAA Presidents
  • Awards
  • Governing Documents
    • Ethics Code
    • Bylaws
    • Grievance Procedures
  • Contact

Archives

  • December 2020 (1)
  • October 2020 (3)
  • September 2020 (1)
  • July 2020 (2)
  • May 2020 (1)
  • April 2020 (2)
  • March 2020 (3)
  • June 2019 (3)
  • March 2019 (4)
  • February 2019 (1)
  • October 2018 (2)
  • June 2018 (1)
  • April 2018 (2)
  • March 2018 (1)
  • February 2018 (1)
  • December 2017 (1)

Footer

AAAA Mission

The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is a credentialed organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties.

Contact Info

Academy of Adoption and Assisted Reproduction Attorneys (AAAA)
859 Riverside Drive, #11
Greenwood, IN 46142

T (317) 407-8422
Info@adoptionART.org

Quick Links

  • AAAA Directory
  • Why You Need an Attorney
  • Adoption
  • Assisted Reproduction (ART)
  • Join AAAA
  • Governing Documents

DISCLAIMER: The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) website is designed for general information only. Nothing on this website establishes an attorney-client relationship with AAAA or any of its member-attorneys. Nor does AAAA’s website content constitute legal advice from AAAA or its member-attorneys to the reader or the public.  The law constantly changes and varies state-to-state.  Before relying on any general legal information contained herein, please consult legal counsel in your state of residence as to your particular situation. Click here for the AAAA Attorney Directory. The names and contact information included on this site are for the purpose of searching for an attorney for a particular legal case. The contact information may not be used for commercial, promotional, or advertising purposes.

© 2018 Academy of Adoption and Assisted Reproduction Attorneys. All Rights Reserved.  Site Map | Privacy Policy

This site uses cookies to personalize content and to analyze our traffic. By continuing to the AAAA website, you consent to our data practices as set out in our Privacy Policy.OkPrivacy Policy