In response to:

Whose Welfare?

Matt in N.C. Wrote: Jan 30, 2013 6:40 AM
Although the Constitution recognizes state rights, it's concerned mainly with individual rights. But Article I, Sec. 8 also recognizes Indian tribes as distinct entities comparable with foreign nations, and the federal government has signed (and broken) countless treaties with them as if they were separate countries. The Supremes don't often rule on the simplest cases without trashing the Constitution and making fools of themselves. This case isn't simple. Count on the Supremes to screw up in every possible way.

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...