Navajos Say They Deserve Place In Appeal Of ICWA Ruling

Law360 (November 30, 2018, 8:54 PM EST) -- The Navajo Nation on Thursday pressed a Texas federal judge to let the tribe join an appeal of his ruling that the Indian Child Welfare Act is unconstitutional, saying the judge has the discretion to let it intervene and that the tribe needs to protect its own laws.

The tribe is seeking to take part in a Fifth Circuit appeal of U.S. District Judge Reed O'Connor's early October decision that the ICWA is a race-based statute that violates the U.S. Constitution. The states and foster families who are plaintiffs in the suit have opposed that request, saying the Navajo can't show...

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