Judge Refuses To Stay Order Voiding Indian Child Welfare Act

Law360 (October 30, 2018, 9:49 PM EDT) -- A Texas federal judge declined Monday to pause his ruling that the Indian Child Welfare Act is unconstitutional, holding that four Native American tribes didn't meet their burden to show that the move was warranted while they appeal the decision.

U.S. District Judge Reed O'Connor rejected a bid by the Cherokee Nation, the Oneida Nation, the Quinault Indian Nation and the Morongo Band of Mission Indians to stay his early October decision that the ICWA is a race-based statute that violates the U.S. Constitution while they appeal to the Fifth Circuit, noting that the tribes largely repeated arguments he already rejected...

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