Season 3, Episode 26 (Show 130): Whose Welfare?

June 21, 2023

The Indian Child Welfare Act came before the Supreme Court, and all sorts of surprising issues, strange coalitions, and perhaps unsatisfying results were declared.  Learn more from Professor Amar, twice-cited in this case.

The Supreme Court upheld various provisions of the controversial Indian Child Welfare Act last week.  The facts of Haaland v. Brackeen, and some provisions of the Act, raise dramatic questions about questions of best interests of children, of the nature of tribal entities, and of who speaks for whom.  The opinion itself largely sidesteps many of these questions and instead dives into areas which Professor Amar has long offered his expertise – going back nearly 20 years or more.  No wonder, then, that he is cited twice in this case, and now our listeners have the chance to learn from the acknowledged expert on these matters.