When You Take Away the Kids, You Take Away the Future

The case that seeks to strike down the Indian Child Welfare Act is about colonialism, not civil rights.


Episode Notes

“A Kitchen Sink Approach to Constitutional Claims”

On this week’s Amicus, the case that threatens the Indian Child Welfare Act, but also threatens domino effects on tribal sovereignty and land rights. Dahlia Lithwick is joined by Rebecca Nagel, a Cherokee writer, advocate, and language learner. Nagle is host of This Land podcast. Season 2 of the podcast was a deep and broad investigation into the background of the case at hand. Maggie Blackhawk also lends her expertise to the discussion. Blackhawk (Fond du Lac Band of Lake Superior Ojibwe) is professor of law at NYU and an award-winning interdisciplinary scholar and teacher of constitutional law, federal Indian law, and legislation.* Together, they delve through a veritable grab bag of constitutional challenges from the plaintiffs in Brackeen v. Haaland. Listen up, you’re about to learn a lot. We did.

In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about how a Georgia judge overturned that state’s abortion ban, President Biden’s record and prospects for confirming judges, and death penalty cruelty on the shadow docket again.

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Dahlia’s book  Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout.

Lady Justice: Women, the Law, and the Battle to Save America

Dahlia Lithwick, one of the nation’s foremost legal commentators, tells the gripping and heroic story of the women lawyers who fought the racism, sexism, and xenophobia of Donald Trump’s presidency—and won.

Correction, Nov. 21, 2022: This page originally misstated that Blackhawk is from the Find du Lac Band of Lake Superior Ojibwe. It’s the Fond du Lac Band.


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