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By Andrew Westney Law360 (April 2, 2019, 6:16 PM EDT) — The great majority of federally recognized tribes in the United States have urged the Fifth Circuit to preserve portions of the Affordable Care Act specific to Native Americans, saying those provisions have nothing to do with the individual mandate a lower court found unconstitutional. […]
By Delia Sharpe and Jedd Parr The Indian Child Welfare Act (ICWA), and potentially tribal sovereignty, suffered a significant setback last week when the federal court for the Northern District of Texas held the landmark legislation unconstitutional. (Brackeen et al. v. Zinke,Oct. 4, 2018, Case 4:17-CV-00868.) Passed by Congress in 1978, ICWA was designed to […]