In response to:

Whose Welfare?

David238 Wrote: Jan 31, 2013 2:26 PM
Going to the Supreme Court in the hopes that they will change this law is NOT the answer! This law is AWFUL for the child, but Congress made the law and Congress needs to change the law. Unless something is unconstitutional we shouldn't be relying on SCOTUS to change the law, or create new laws, so that we are happier. This is what got us Roe v. Wade, and a host of other horrible decisions. Indians hold a special status in the U.S. They are still sovereign but must follow federal laws. The solution here is simple -- change the law.
Eloise19 Wrote: Feb 01, 2013 5:05 PM
I would not trust Congress to fix this law even with the best intention in the world. (And since there's nothing in it for the members, they could only have benevolent intent.) They are simply not smart enough to do it without screwing it up worse. The SCOTUS could do it - they are at least smart. And there's no room here for their misguided do-gooderism.
Gazinya Wrote: Feb 02, 2013 6:48 PM
We all know about the Scozzafozza's on the court but do you really think Justice Roberts was be 'judicious or smart or even Constitutional' when he sided with the Scozzafozza's? Or was he being 'clever'? If he was smart then a 8th grader could have understood his reasoning. Since nobody understands the goobilly goop he wrote, I suspect he was trying to be clever.

If there is ever a contest for the law with the most grossly misleading title, the Indian Child Welfare Act of 1978 should be a prime candidate, because the last thing this Act protects is the welfare of Indian children.

The theory behind the Indian Child Welfare Act is that an American Indian child should be raised in an American Indian culture.

Based on that theory, a newborn baby of American Indian ancestry, who was adopted immediately after birth by a white couple, was at 27 months of age taken away from the only parents she has ever known and given...