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Day two of David Pecker testimony wraps in NY Trump trial; Supreme Court hears arguments on Idaho's near-total abortion ban; ND sees a flurry of campaigning among Native candidates; and NH lags behind other states in restricting firearms at polling sites.

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The Senate moves forward with a foreign aid package. A North Carolina judge overturns an aged law penalizing released felons. And child protection groups call a Texas immigration policy traumatic for kids.

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The urban-rural death divide is widening for working-age Americans, many home internet connections established for rural students during COVID have been broken and a new federal rule aims to put the "public" back in public lands.

SCOTUS Case on 'Separations' Could Affect AZ, Other Native Families

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Monday, October 24, 2022   

A case before the U.S. Supreme Court has Native Americans concerned the outcome could revive a centuries-old practice of separating indigenous children from their families.

The court will consider the constitutionality of the Indian Child Welfare Act, a 1978 law aimed at ending the practice of placing native children in nonnative homes or sending them to "Indian boarding schools" in Arizona and other states designed to "civilize" them.

Dozens of native tribes and ACLU chapters in at least a dozen states have filed briefs urging the court to uphold the statute.

Theodora "Tedde" Simon, advocate for the racial and economic justice program for the ACLU of Northern California, said many tribes still consider the separation practices cultural genocide

"They were physically beaten and abused, prevented from using their native languages, engaging in any kind of tradition or culture," Simon explained. "Their hair was cut, their names were changed. Kind of anything that was indigenous about them was scrubbed away and removed."

The case was supported on appeal by conservative groups, who claim the law gives tribal nations rights not provided to other racial minorities. Native advocates fear a reversal could change how the federal government interacts with tribal nations on major issues.

Simon, who is a member of the Navajo Nation, said many Native Americans believe when possible, keeping a native child in their indigenous culture is in everyone's best interest.

"All kinds of studies have been done showing that Native children have much better life outcomes across all of these indicators when they have the ability to be connected to their culture and their language and their heritage," Simon pointed out.

Simon added many Native Americans believe the case is not just about children's rights but is also an attack on the power and authority of tribal nations to defend their gaming rights, restore tribal lands to reservations, and manage their water rights in the Colorado and other river basins.

"This has the potential to be the most important Supreme Court case relating to Native American people in our lifetime," Simon asserted. "If the Supreme Court is to rule ICWA unconstitutional, it would have potentially devastating impacts on tribal sovereignty and the existence of Native nations."


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