- cross-posted to:
- poc@beehaw.org
- cross-posted to:
- poc@beehaw.org
The US supreme court has ruled that Native American children can continue to be protected under federal law against being removed from their tribal communities for fostering or adoption, rejecting a petition from a white couple who argued that the provision was a form of racial discrimination.
Gorsuch is a mixed bag at best on a lot of issues, but he has been as good as anyone could expect on Indigenous issues. Check out his concurrence in this case (starting on PDF page 43), which straightforwardly grapples with the history of forced family separations and residential schools.
It absolutely sucks that we have to rely on landing two out of three from Roberts, Kavanaugh, and Gorsuch to get anything like a humane decision out of this court, but given the presidents who appointed them, I guess it could be worse?