Court takes another look at Native American adoption law

A 1978 law giving preference to Native American families in foster care and option proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.

A three-judge panel of 5th Circuit Court of Appeals in New Orleans upheld Indian Child Welfare Act in August

Opponents of law — including n-Indian families who have sought to opt American Indian children — sought and got a re-hearing. On Wednesday, court's 16 active judges were expected to hear arguments.

Emotions run high in case. Tribal officials say a loss in court could le to Native American children being lost to families and tribes, contributing to erosion of tribal cultures. or side includes n-Indian families who say ir lives have been upended as y fought to opt children. Among m are a Minnesota couple, plaintiffs in case, who wanted to opt a girl who h lived with m.

legal arguments focus on questions of race and constitutional limits on federal government.

Opponents of law say it is an unconstitutional race-based intrusion on states' powers to govern options.

August opinion by Judge James L. Dennis said U.S. Supreme Court has long recognized that Congress has bro power to regulate Native American tribes. And it said act's definition of Indian child is t based solely on race because “under some tribal membership laws, eligibility extends to children without Indian blood, such as descendants of former slaves of tribes who became members after y were freed, or descendants of opted white persons.”

Dennis wrote on behalf of himself and Judge Jacques Wiener.

Opponents of law cite a dissent by Judge Priscilla Owen as part of ir argument that law and regulations implementing it are an unconstitutional overreach by federal government into state matters.

(Im source: Unsplash)