Document Type
Brief
Publication Date
8-18-2022
Abstract
Amici curiae are professors of administrative law, constitutional law, and related public law subjects at institutions around the United States. They have extensive experience studying and teaching the text, history, and structure of the Constitution, as well Supreme Court decisions relating to Congress’s legislative powers and the supremacy of federal law. Their legal expertise thus bears directly on the constitutional issues in this case. Amici share an interest in the proper application of constitutional limits on Congress’s authority to enact supreme federal law and state courts’ obligations to decide properly presented federal questions.<\p>
The Indian Child Welfare Act (ICWA or the Act) is a valid exercise of Congress’s authority to enact supreme federal law that applies in state court proceedings by virtue of the Supremacy Clause. Four structural principles—each longstanding, and each relied upon by the political branches—should be uncontroversial in this case.<\p>
Recommended Citation
Litman, Leah and Deacon, Daniel T., "Haaland v. Brackeen, et al.: Brief of Amici Curiae Administrative Law and Constitutional Law Professors in Support of Deb Haaland, Secretary of the Interior, et al., and Cherokee Nation, et al." (2022). Appellate Briefs. 86.
https://repository.law.umich.edu/briefs/86
Included in
Administrative Law Commons, Constitutional Law Commons, Indigenous, Indian, and Aboriginal Law Commons
Comments
Amicus: Abrams, Professor Kathryn; Chemerinsky, Professor Erwin; Coenen, Professor Michael; Davis, Professor Seth; Deacon, Professor Daniel T.; Dorf, Professor Michael C.; Farber, Professor Daniel; Litman, Professor Leah; Minow, Professor Martha; Sarnoff, Professor Joshua D.; Schwartz, Professor Joshua I.