November is both National Native American Heritage Month and National Adoption Month. Tomorrow, November 9, the U.S. Supreme Court is scheduled to hear a case that has implications related to both, Brackeen v. Haaland, which concerns the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-1963. The ICWA governs the removal, placement, and return of Native American children in child welfare proceedings for both foster care and adoption. At issue on appeal is the constitutionality of the act’s child placement preferences, as set forth in 25 U.S.C. § 1915. This blog sets forth the ICWA’s child placement preferences and a brief procedural history of the case.
Read moreDiversity in the Courts
Today, following Justice Stephen Breyer’s announcement that he will retire at the end of the current term, the conversation surrounding his replacement is focused on diversity. Whoever President Biden nominates to fill the upcoming vacancy on the Court, one thing is clear – the federal court system is designed to be impartial and just. Appointing judges who reflect the lives, values, and experiences of the parties that come before the court is fundamental to a system that honors the spirit and traditions of the judicial body.
Read moreNational Adoption Day: Harris County Family District Courts Celebrate Forever Families
National Adoption Day is an annual event, celebrated since 2000, that has placed more than 75,000 children living in foster care with forever families. In 400 cities across the nation, policymakers, advocates, and key players in the family court system have collaborated to plan events in furtherance of the event’s shared goals: calling attention to the large number of children in the foster care system, reducing the backlog of adoption cases in family courts across the nation, and celebrating the successful adoption of foster children by loving parents. On November 19, 2021, four Harris County Judges will host private adoptions as well as adoptions with the Department of Famliy and Protective Services. Events start at 9:00 am.
Read moreFifth Circuit Holds State Bar of Texas May Not Mandate Membership as It Is Currently Structured
On July 2, 2021, the Fifth Circuit Court of Appeals issued an opinion related to mandatory membership in the State Bar of Texas. Among other things, the Court held: “[t]he Bar is engaged in non-germane activities, so compelling the plaintiffs to join it violates their First Amendment rights.” The case is McDonald v. Longley, No. 20-50448.
Read moreA Matter of Statutory Interpretation: Texas Supreme Court Declares Amazon.com Is Not a Seller Under Texas Products Liability Law
Image by Mediamodifier from Pixabay
On June 25, 2021, the Texas Supreme Court stated that Amazon.com is not “a ‘seller’ under Texas law when it does not hold title to third-party products sold on its website but controls the process of the transaction and delivery.” Read more about the majority opinion and the dissent in this blog post.
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