indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Health Coverage for American Indians and Alaska Natives
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Aura Bogado: Tribal sovereignty goes on trial in ICWA dispute

Filed Under: Opinion
More on: aura bogado, cherokee, icwa, race, supreme court
     

Aura Bogado discusses Adoptive Couple v. Baby Girl, an ICWA case that was heard by the U.S. Supreme Court last week:
News outlets ranging from CNN to local newspapers have so often repeated inaccuracies about the case, that the National Indian Child Welfare Association compiled a fact-check document to dispel troubling myths generated by the media. National Public Radio’s esteemed legal affairs correspondent Nina Totenburg opened her report on the case with two sentences that demonstrate a common ignorance of what it means to be a Cherokee Nation citizen. “Christy Maldonado’s ethnic background is Hispanic,” Totenburg began in her first sentence. “Dusten Brown considers himself Cherokee,” she said in her second, leaving room for doubt as to whether or not Brown is, in fact, Cherokee.

The irony, of course, is that there is no Hispanic nation to which Maldonado officially belongs, yet Brown is an enrolled citizen in the Cherokee Nation. It’s not about self-recognition in an ethnic group. It’s about citizenship that was bestowed by a tribal government—in this case, by the Cherokee Nation. If Brown were not a citizen of a tribal nation, ICWA wouldn’t apply to his case. Totenburg’s ambivalence about Brown’s citizenship doesn’t help her audience understand that Brown’s case pivots on his position as a Cherokee.

Some of the Supreme Court’s justices seemed to also be confused about Cherokee Nation citizenship. Justice Stephen Breyer, the high court’s pragmatist appointed by President Bill Clinton in 1994, questioned the basis under which the father is considered a citizen of the Cherokee Nation. “Because, look, I mean, as it appears [Brown] had three Cherokee ancestors at the time of George Washington’s father,” Breyer remarked.

Get the Story:
Aura Bogado: The Cherokee Nation’s Baby Girl Goes on Trial (Color Lines 4/24)

Oral Argument Transcript:
Adoptive Couple v. Cherokee Nation (April 16, 2013)

South Carolina Supreme Court Decision:
Adoptive Couple v. Cherokee Nation (July 26, 2012)

Related Stories:
Native Sun News: Supreme Court takes up Baby Veronica case (4/23)
Petition urges Congress to amend the Indian Child Welfare Act (4/23)
Letter: Adoption lawyers circumvent Indian Child Welfare Act (4/22)
Supreme Court decision in ICWA case expected by end of June (4/17)
Jackie Pata: Baby Veronica and Native American family values (4/17)
NARF/NCAI/NICWA: Case shows ugly side of adoption industry (4/16)
Jacqueline Davis: An Indian family torn apart in South Carolina (4/16)
Turtle Talk: More interruptions for tribal interests in ICWA case (4/16)
SCOTUSBlog: No easy answers in Indian Child Welfare Act case (4/16)
Supreme Court takes up dispute over Indian Child Welfare Act (4/16)
Editorial: Supreme Court should take Cherokee girl from father (4/16)
Editorial: Congress may need to limit Indian Child Welfare Act (4/16)
Tribes gear up for big battle with Supreme Court's ICWA case (4/15)
Column: Supreme Court set to hear racially-tinged ICWA case (4/15)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Judge won't rush ruling on Dakota Access easement amid change (12/9)
Mark Trahant: Trump's pick for Interior poses problems for tribes (12/9)
Lakota Country Times: Rosebud housing program wins top award (12/9)
Native Sun News Today: More tribal citizens sign up for Medicaid (12/9)
Elizabeth Cook-Lynn: Maybe we can learn from our tragic history (12/9)
Brandon Ecoffey: Reservation basketball coaches deserve better (12/9)
Mike Myers: What Trump's election means for indigenous nations (12/9)
Caleb Trotter: New law in Oklahoma hurts legitimate Indian artists (12/9)
Gun Lake Tribe shares nearly $5.8M in gaming revenue in Michigan (12/9)
Little River Band payment puts gaming revenue sharing at $32.1M (12/9)
Mashpee Wampanoag Tribe files notice of appeal in casino lawsuit (12/9)
Bureau of Indian Affairs opens door to big shift in tribal economies (12/8)
Tribes promise fight against Dakota Access ahead of court hearing (12/8)
Tribes bringing #NoDAPL battle to international human rights forum (12/8)
Dakota Access Pipeline disputes small fine for disturbing tribal site (12/8)
Harold Frazier: 'Wopila tanka' to all the #NoDAPL water protectors (12/8)
Native Sun News Today: Temporary win on Dakota Access Pipeline (12/8)
Lakota Country Times: Arrests made in fatal Pine Ridge shootings (12/8)
Native Sun News Today Editorial: A bumpy ride with Donald Trump (12/8)
Delphine Red Shirt: We must step up and take care of our children (12/8)
James Giago Davies: Obama could have stopped #NoDAPL abuses (12/8)
Steven Newcomb: 'Unjust' war against #NoDAPL water protectors (12/8)
Keweenaw Bay Indian Community starts work on casino upgrades (12/8)
Seminole Tribe still shares gaming revenue despite lack of compact (12/8)
Chukchansi Tribe finally distributes $1.4M in overdue gaming funds (12/8)
Tribal sovereignty foe slated to join Donald Trump's administration (12/7)
Rep. Markwayne Mullin denies speculation of 'privatizing' tribal land (12/7)
Sen. Barrasso passing on gavel at Senate Indian Affairs Committee (12/7)
North Dakota county wants 'Sheriff Kirchmeier' account off Twitter (12/7)
Indian Health Service plans to award $1.4M in Native youth grants (12/7)
Rosalyn R. LaPier: How Standing Rock became a site of pilgrimage (12/7)
Lakota Country Times: North Dakota county sheriff hit with lawsuit (12/7)
Vi Waln: The #NoDAPL movement reminds them we are still here (12/7)
Native Sun News Today: Lakota artist designs 'Water is Life' tipi (12/7)
Ivan Star Comes Out: The lust for oil and the #NoDAPL movement (12/7)
Common Dreams: Veterans ask for forgiveness at Standing Rock (12/7)
Tiffany Midge: Don't shame Standing Rock Sioux Tribe for pipeline (12/7)
Editorial: A 'false victory' on the Dakota Access Pipeline easement (12/7)
Nick Zaiac: Let tribes decide what to do with their own homelands (12/7)
Redding Rancheria 'excited' about bid to move casino to new site (12/7)
Aquinnah Wampanoag Tribe defends right to use land for gaming (12/7)
Dakota Access resumes push to complete final portion of pipeline (12/6)
Dave Archambault: It's time for water protectors to return home (12/6)
Kirk Francis: Tribes must remain vigilant despite #NoDAPL victory (12/6)
Tracy Loeffelholz Dunn: Numbers behind Standing Rock's victory (12/6)
Supreme Court schedules oral argument in tribal immunity case (12/6)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.