Full 5th Circ. To Rehear Challenge To Indian Child Welfare Act

Law360 (November 7, 2019, 12:35 PM EST) -- The Fifth Circuit said Thursday it will rehear a challenge to the Indian Child Welfare Act en banc, overriding objections from tribes and the federal government and giving hope to Texas and other states that claim the law is unconstitutionally race-based.

Texas, Louisiana and Indiana and several adoptive parents had asked the Fifth Circuit to revisit a circuit panel's August decision backing ICWA, arguing the panel had wrongly overturned a Texas federal judge’s ruling that the law and a related 2016 U.S. Department of the Interior rule violated equal protection, anti-commandeering and other provisions of the Constitution.

The federal government and a...

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