Fractured 5th Circ. Keeps And Strikes Portions Of ICWA

Law360 (April 7, 2021, 8:27 PM EDT) -- The full Fifth Circuit in an intricately divided opinion has upheld and overturned parts a Texas federal judge's decision that the Indian Child Welfare Act is unconstitutional, while also ruling that the federal government had the authority to enact the law to protect Native American families.

The en banc court's 325-page Tuesday opinion on the 1978 ICWA featured two principal opinions by Judge James L. Dennis and Judge Stuart Kyle Duncan that each gained majority support for certain holdings, while other elements of the lower court's 2018 ruling were left in place after the 16-member court split equally on those points....

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