After some cringe-worthy coverage from non-Native outlets, here is a run down of Native journalists covering last week’s #scotus oral arguments in Haaland v #Brackeen.
.@180099native hosted an analysis and reflection on the oral arguments with Matthew Fletcher (Grand Traverse Band of Ottawa and Chippewa Indians), Suzette Brewer (citizen of the Cherokee Nation), and Dr. Sarah Kastelic (Alutiiq)
Allie Maldonado & @NickA_Martin tell the story of how the US government threatened to tear one Native family apart, and how ICWA helped them stay together for @highcountrynews.
During the #SCOTUS oral argument in #Brackeen several Justices seemed to think #ICWA takes Native children from foster parents they attached to & that’s bad.
So here’s a list of every time the foster parents in this case moved a foster kid or fought for a kid to be moved:
We’ll start with the Brackeens.
The first child they ever fostered was not an ICWA case bc the kid was not Native. After 5 months, they asked CPS to take the child back bc the 3 yr old was “difficult” and “suffocating”.
In 2019, when the Brackeens fought for and got custody of YRJ the child was a year old. She had been raised the first year of her life by a different Texas foster family, who was willing to adopt her. At the time they got custody, she was not being raised by the Brackeens.
Native leaders, advocates and citizens traveled from across the US to attend oral arguments in Brackeen. Samantha Maltais (Aquinnah Wampanoag) is a law student at Harvard who wanted to attend bc tribal sovereignty is one the line.
Leaders from ICWA Law Center, White Earth and Casey Family Programs got in line at 5am this morning.
The story of YRJ—a little Navajo girl, being raised by the white couple suing to overturn ICWA—was shared by @JanHoffmanNYT for @nytimes, @NinaTotenberg for @NPR & Fox News this week. But their coverage left out some really important info. 🧵:
The Brackeens say ICWA discriminated against them bc it wouldn’t let them adopt Native kids. But in 2019, a family court judge awarded them custody of YRJ over a blood relative. At the time, they weren’t fostering her. She was being raised by some one else.
In child welfare policy—with or without ICWA—relatives are the next best option if children can’t be reunified w/ parents. Brackeens winning over a blood relative (esp when they weren’t fostering her) is an example of their power & privilege—not that they were treated unfairly.
This article is a great example on how the @nytimes coverage of Indigenous issues doesn’t meet the basic standards of journalism. This article grossly misrepresents what happened in the underlying custody cases and the people behind the lawsuit.
The placement didn’t “fall through”. The Brackeens brought a legal arsenal that you never seen in Family Court—the corporate law firm that represents Walmart, Amazon, and Chevron and the State AG of Texas. Only then, did the tribes agree to the adoption.
This author let’s the plaintiffs make their argument about “bonding”, then fails to mention when the Brackeens won custody of a YRJ—over a blood relative—when they weren’t fostering her. The child was being raised by someone else.
If you are still observing #ColumbusDay instead of #IndigenousPeoplesDay today here is your annual reminder of what you are celebrating...
CW: violence, sexual assault
Christopher Columbus's army used Indigenous people as dog food. They were known to feed live babies to dogs in front of their horrified parents.
His "voyage" helped start the Trans Atlantic Slave Trade when he captured 1600 Taino people and shipped them to Spain for gold. Most died on the journey.
Feels like a good time to revisit the Doctrine of Discovery: the Christian legal theory with which Europeans gave themselves the right to colonize the globe.
It asserted that Christian Nations became the rightful owner of any land they found occupied by non-Christian people.
It was really that straightforward: because Christian nation were seen as superior, they could claim whatever they wanted.
It first appeared in 1455 as a Papal Bull giving Portugal permission to invade and colonize West Africa. After Columbus’s infamous voyage to the Caribbean, a similar Papal Bull was extended to Spain in 1493.
The Doctrine was also adopted by England and France.