Justia Native American Law Opinion Summaries

Articles Posted in US Court of Appeals for the Fifth Circuit
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Texas, Indiana, and Louisiana, and seven individuals seeking to adopt Indian children filed suit against the United States, several federal agencies and officials, and five intervening Tribes, raising facial constitutional challenges to the Indian Child Welfare Act of 1978 (ICWA) and statutory and constitutional challenges to the 2016 administrative rule (the Final Rule) that was promulgated by the Department of the Interior to clarify provisions of ICWA. The Fifth Circuit held that plaintiffs had standing to bring all claims; the ICWA and the Final Rule are constitutional because they are based on a political classification that is rationally related to the fulfillment of Congress's unique obligation toward Indians; ICWA preempts conflicting state laws and does not violate the Tenth Amendment anticommandeering doctrine; and ICWA and the Final Rule do not violate the nondelegation doctrine. The court also held that the Final Rule implementing the ICWA is valid because the ICWA is constitutional, the BIA did not exceed its authority when it issued the Final Rule, and the agency's interpretation of ICWA section 1915 is reasonable. Accordingly, the court affirmed in part, reversed in part, and rendered judgment in favor of defendants on all claims. View "Brackeen v. Bernhardt" on Justia Law

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The Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act restored the Tribe's status as a federally-recognized tribe and limited its gaming operations according to state law. The Indian Gaming Regulatory Act (IGRA) broadly established federal standards for gaming on Indian lands. After IGRA was enacted, the Fifth Circuit determined that the Restoration Act and IGRA conflict and that the Restoration Act governs the Tribe's gaming activities. (Ysleta I). When the Tribe conducted gaming operations in violation of Texas law, the district court permanently enjoined that activity as a violation of the Restoration Act. The court affirmed the district court's refusal to dissolve the permanent injunction and held that the district court did not abuse its discretion in denying relief from the permanent injunction. The court held that the Restoration Act and the Texas law it invokes—and not IGRA—governed the permissibility of gaming operations on the Tribe's lands. The court held that IGRA did not apply to the Tribe, and the National Indian Gaming Commission did not have jurisdiction over the Tribe. View "Texas v. Alabama-Coushatta Tribe of Texas" on Justia Law