Barrett writing the majority opinion upholding the Indian Child Welfare Act has drawn renewed attention to her own adoption of two children from Haiti.
A good Supreme Court ruling that protects Indigenous families and sovereignty is obviously worth celebrating regardless of who wrote the majority opinion. But I can understand why Barrett’s positioning at the center of the ruling is raising eyebrows. The imperialist violence that belies the global adoption system reflects the kidnappings and family separations of Indigenous children that ICWA was introduced to address.
And today, even with ICWA, the policing of Native families by the U.S. government has persisted: Indigenous Women Rising previouslyJezebel that the regulation and criminalization of Native people’s pregnancies, in particular, has contributed to this. “There’s always been a history of Indigenous people being criminalized for not being fit parents...
, an Indigenous woman imprisoned for alleged substance use that led to a stillbirth, Martin said the policing of Native pregnancies is about “taking people away from their communities with criminalization.”—which Barrett voted for last year—inevitably contributes to the policing and criminalization of pregnancy, a crisis that
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