Star Tribune
Indigenous Minnesotans, advocates celebrate U.S. Supreme Court ruling on Indian Child Welfare Act
Indigenous Minnesotans, child welfare leaders and legal experts celebrated the U.S. Supreme Court ruling Thursday that upheld the Indian Child Welfare Act and its protections for Native American children.
The ruling is a victory for tribes that worried erosion of the 45-year-old law would threaten Indian families and culture, and potentially have larger implications for tribal sovereignty.
“I’m grateful for all the people who have told their stories over the decades to get us to this place, a decision that recognizes our sovereignty and protects our right to raise our babies,” Lt. Gov. Peggy Flanagan, a member of the White Earth Band of Ojibwe and Minnesota’s first Native statewide elected official, said in a statement.
The law was passed in 1978 in response to the longstanding U.S. practice of removing Indian children from their families and placing them in boarding schools or in white-family foster homes. The law requires state child welfare agencies to notify families if an Indian child is removed from a home and prioritizes placement with a child’s extended family or other tribal members.
The high court took up Haaland v. Brackeen in November, after white foster families challenged the federal law, arguing that it is race-based and violates the Constitution’s equal protection guarantee. Minnesota couple Danielle and Jason Clifford were one of three plaintiffs at the center of the case. An attorney representing them did not respond to a request for comment Thursday.
The court ruled 7-2 in favor of upholding the law, with Justices Clarence Thomas and Samuel A. Alito Jr. dissenting.
“In sum, Congress’s power to legislate with respect to Indians is well established and broad,” Justice Amy Coney Barrett wrote in the majority opinion.
All of Indian Country rejoiced when the ruling came down Thursday morning, said Professor Angelique EagleWoman, director of the Native American Law and Sovereignty Institute at Mitchell Hamline School of Law.
The decision stands on the foundation of prior U.S. Supreme Court Indian child welfare rulings that recognized congressional authority to pass laws on tribal relations, dating back to the 1790s, she said.
“It should signal that these kinds of litigation tactics and arguments are frivolous and a waste of time, money and judicial research,” EagleWoman said.
The makeup of the conservative-leaning court and its decisions over the past year terrified tribal members during the monthslong wait for a decision, said Indigenous Peoples Task Force Executive Director Sharon Day, who was placed in foster care for three years as a small child.
“There was no reason for us to be placed in foster care. I know firsthand the damage that does, and I’m just so grateful that they’ve sought to do something right,” Day said.
Despite the overall reduction of children in foster care in Minnesota, in 2021, American Indian children were 16 times more likely than white children to be in and out of care, according to a June legislative report from the state Department of Human Services.
Shannon Smith, an attorney and executive director at the Minneapolis-based ICWA Law Center, said the ruling allows the organization to continue to do the work it does every day for children in Minnesota.
“We’re just thankful,” Smith said. “We’re thankful that tribal sovereignty and the unique relationship between tribal nations and the federal government was recognized and appreciated.”
Lead plaintiffs Chad and Jennifer Brackeen of Texas challenged the Indian Child Welfare Act in 2017 as they sought to adopt their foster son, whose birth mother is Navajo and birth father is Cherokee. In 2018, a federal judge ruled the law unconstitutional and the Brackeens filed for custody of their son’s half-sister, who had also entered foster care.
A Texas judge ruled the Brackeens would share custody of the girl with her great-aunt. Both sides appealed the decision, which made its way to the high court in 2022.
Minnesota leaders welcomed the court’s decision Thursday.
“The Indian Child Welfare Act continues to protect tribal identity and the best interests of Native children,” U.S. Sen. Amy Klobuchar said in a statement. “I am glad that, in a 7-2 decision, the Supreme Court upheld the constitutionality of this important law, respected tribal sovereignty and affirmed Congress’ ability to protect Native children.”
Still, “efforts to undermine Tribal sovereignty will no doubt continue,” U.S. Sen. Tina Smith said in a statement.
It was powerful to read Justice Neil Gorsuch’s concurring opinion that acknowledged the painful and traumatic history of Indian boarding schools and the removal of Indian children that is ongoing, EagleWoman said.
“This should be part of the general public’s understanding of … why these kinds of challenges are so vehemently opposed by tribal nations and tribal people, to protect our children and to make sure they have a connection to their tribes and their identity,” she said.
Staff reporter Hunter Woodall contributed to this report.
Star Tribune
St. Paul City Council bucks Mayor Carter in passing lower tax increase
“You’ve got to be able to say, ‘Here’s how much we want to spend, and here’s what we want the impact to be,’” Carter said.
During the council meeting, Johnson, the Ward 7 council member, alluded to those statements, saying people have used such language to try to discredit women in leadership, especially young women. This is the first budget from St. Paul’s new all-women council.
Staff writer James Walsh contributed to this report.
Star Tribune
Downtown St. Paul’s Lowry Apartments condemned, displacing tenants
After months of maintenance problems and safety concerns in downtown St. Paul’s Lowry Apartments, city officials condemned the building, forcing dozens of tenants to abruptly relocate to hotels this week.
On Monday afternoon, city staff responded to a plumbing leak in the 11-story building at 345 Wabasha St. N. Officials reported significant damage and signs of vandalism, including copper wire theft that left electrical systems exposed. The leak also raised concerns about mold.
To make repairs, the building’s water must be shut off — a move that would leave tenants without boiler heat and fire sprinklers, Deputy Mayor Jaime Tincher said in a Tuesday email to state Rep. Maria Isa Pérez-Vega and City Council Member Rebecca Noecker, who represent the area.
After determining heat and water could not be restored quickly, Tincher wrote: “There was no other option than to conclude the building was not safe for residents to stay.”
Property manager Halverson and Blaiser Group (HBG) agreed to provide alternative housing for tenants for up to 30 days, Tincher said. City staff worked with Ramsey County’s Housing Stability team and Metro Transit to help 71 residents pack and move.
Before then, the building belonged to downtown St. Paul’s largest property owner, Madison Equities. After the January death of the company’s founder and longtime principal, Jim Crockarell, the dire state of the group’s real estate portfolio became apparent.
The Lowry Apartments, the sole property with a high concentration of low-income housing, quickly became the most troubled. Residents reported frequent break-ins, pest infestations, inoperable elevators and more, to no avail.
Star Tribune
Metro Transit allocated $12 million to boost security, cleanliness on Twin Cities light rail and buses
They will be soon. With more money to spend, Metro Transit plans to bring on 40 more this year. With their ranks growing, TRIP agents, clad in blue, have recently started covering the Metro C and D rapid transit lines between Brooklyn Center and downtown Minneapolis.
The big investment in public safety initiatives comes as Metro Transit is seeing an uptick in ridership that plunged dramatically during the COVID-19 pandemic and has been slow to recover. This year ridership has been a bright spot, the agency said.
Through October, the agency has provided 40.1 million rides, up 7% compared with the first 10 months of 2023. In September, the agency saw its highest monthly ridership in four years, averaging nearly 157,000 rides on weekdays, agency data shows.
At the same time, crime is down 8.4% during the first three quarters of 2024 compared to the same time period last year, according to Metro Transit Interim Police Chief Joe Dotseth. However, problems still persist.
On Nov. 29, Sharif Darryl Walker-El, Jr., 33, was fatally shot on a Green Line train in St. Paul. Just a week earlier, a woman was shot in the leg while on the train and taken to the hospital with non-life threatening injuries. Earlier this year, a robbery attempt on the Green Line in St. Paul left a passenger shot and wounded.
“Our officers are spending time on the system and sending a clear message to everyone: Crime will not be tolerated on transit,” Dotseth said. “And we will work to ensure those commit those crimes are held accountable.”
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