- Details
- By Native News Online Staff
Oral Arguments Made in Brackeen v. Bernhardt Case in U.S. Fifth Circuit Court of Appeals
NEW ORLEANS — Leaders of national American Indian organizations were in the courtroom of the U.S. Fifth Circuit Court of Appeals on Wednesday to hear oral arguments defending the Indian Child Welfare Act in the Brackeen v. Bernhardt case.
They left the New Orleans courtroom feeling confident the 41-year old Indian Child Welfare Act (ICWA) will be upheld.
“We look forward to the Fifth Circuit Court of Appeals’ decision,” said Sarah Kastelic, executive director of the National Indian Child Welfare Association, in a news release from the Protect ICWA Campaign. “We are confident the Fifth Circuit will affirm ICWA’s strong constitutional grounding. ICWA protects children in state child welfare systems and helps them remain connected to their families, cultures, and communities.”
The Protect ICWA Campaign is comprised of the following four national American Indian organizations: National Indian Child Welfare Association (NICWA), National Congress of American Indians (NCAI), Association on American Affairs (AAIA), and the Native American Rights Fund (NARF).
“Today, before an en banc panel of the United States 5th Circuit Court of Appeals, Indian Country advocated a strong and compelling argument that the Indian Child Welfare Act is not only constitutional, but serves the best interests of American Indian children,” NCAI Chief Executive Officer Kevin Allis commented to Native News Online. “ICWA has been successful in reversing the unacceptable removal of American Indian children from tribal families and communities, ensuring that our culture, customs and traditions continue to endure.”
Oral arguments were heard on Tuesday were held at the U.S. Circuit Court of Appeals in New Orleans. Courtesy photo
“We are confident the full Fifth Circuit Court of Appeals will again confirm the constitutionality of the Indian Child Welfare Act,” said John Echohawk, executive director of the NARF. “We will always stand with our children, families, and Tribes against any and all efforts to diminish our communities, well-being, and sovereignty.”
"There has been an overwhelming amount of resources coming forward to support the Indian Child Welfare Act,” said Shannon Keller O’Loughlin, executive director and attorney for the AAIA. “We should be spending our resources protecting Indian children and not fighting interest groups that seek to dismantle the government-to-government relationship between the United States and Tribes. The Fifth Circuit will be on the right side of history protecting Indian children, and by doing so strengthening the child welfare system for all children."
A nationwide coalition of 495 tribal nations, more than 60 Native organizations, 26 states and the District of Columbia, 77 members of Congress, 31 leading child welfare organizations, and Indian and constitutional law professors agree ICWA is vital to the well-being of Indian children and the stability and integrity of Indian families today.
To learn more about ICWA visit: nicwa.org/about-icwa/ or read the full text of the Indian Child Welfare Act.
The following briefs were filed at the U.S. Court of Appeals in the Fifth Circuit in Brackeen v. Bernhardt:
Defendants-Appellants Briefs
Tribal Intervenor Defendants Brief
Amicus Briefs Supporting ICWA
486 Tribes and 59 Indian Organizations Brief
26 States and District of Columbia Brief
Casey Family Programs and Child Welfare Organizations Brief
Administrative Law and Constitution Law Professors Brief
Professor Gregory Ablavsky Brief
Native American Women, Indian Tribes, and Organizations Brief
More Stories Like This
Native News Weekly (August 25, 2024): D.C. BriefsUS Presidents in Their Own Words Concerning American Indians
Native News Weekly (August 4, 2024): D.C. Briefs
NEXT ON NATIVE BIDASKÉ: The Policy Slowly Erasing Tribes
American Indian Chamber of Commerce of Wisconsin Announces Grant Opportunities
Help us tell the stories that could save Native languages and food traditions
At a critical moment for Indian Country, Native News Online is embarking on our most ambitious reporting project yet: "Cultivating Culture," a three-year investigation into two forces shaping Native community survival—food sovereignty and language revitalization.
The devastating impact of COVID-19 accelerated the loss of Native elders and with them, irreplaceable cultural knowledge. Yet across tribal communities, innovative leaders are fighting back, reclaiming traditional food systems and breathing new life into Native languages. These aren't just cultural preservation efforts—they're powerful pathways to community health, healing, and resilience.
Our dedicated reporting team will spend three years documenting these stories through on-the-ground reporting in 18 tribal communities, producing over 200 in-depth stories, 18 podcast episodes, and multimedia content that amplifies Indigenous voices. We'll show policymakers, funders, and allies how cultural restoration directly impacts physical and mental wellness while celebrating successful models of sovereignty and self-determination.
This isn't corporate media parachuting into Indian Country for a quick story. This is sustained, relationship-based journalism by Native reporters who understand these communities. It's "Warrior Journalism"—fearless reporting that serves the 5.5 million readers who depend on us for news that mainstream media often ignores.
We need your help right now. While we've secured partial funding, we're still $450,000 short of our three-year budget. Our immediate goal is $25,000 this month to keep this critical work moving forward—funding reporter salaries, travel to remote communities, photography, and the deep reporting these stories deserve.
Every dollar directly supports Indigenous journalists telling Indigenous stories. Whether it's $5 or $50, your contribution ensures these vital narratives of resilience, innovation, and hope don't disappear into silence.
The stakes couldn't be higher. Native languages are being lost at an alarming rate. Food insecurity plagues many tribal communities. But solutions are emerging, and these stories need to be told.
Support independent Native journalism. Fund the stories that matter.
Levi Rickert (Potawatomi), Editor & Publisher
