Brackeen v. Bernhardt

A full panel of judges in the Fifth Circuit Court of Appeals will decide if the Indian Child Welfare Act is based on race or politics.

The court heard oral arguments on Wednesday, Jan. 22, in New Orleans.

In 2018 a Texas lower court found the act known as ICWA to be unconstitutionally race-based. A three-judge panel overturned that finding, but not unanimously.

Now all of the appeals judges in the Fifth Circuit will consider the issue.

SDPB's Victoria Wicks has this report.

To hear audio of oral arguments in their entirety, click on this link:

File photo Texas Attorney General

The legal status of the Indian Child Welfare Act is again going before the Fifth Circuit Court of Appeals. In 2018, a Texas federal court found the Act known as ICWA to be unconstitutional.

But this summer a panel of three Fifth Circuit judges reversed that finding. Now the full panel of appellate judges will hear the case, with oral arguments tentatively scheduled for the week of Jan. 20.

SDPB's Victoria Wicks has more.