Judges disagree on anticommandeering doctrine

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted June 23, 2021 11:59 AM

This is the first of a two-part series. The second part will be available Thursday.An attack on the Indian Child Welfare Act generated 300 pages of dueling opinions during en banc review by the 5th U.S. Circuit Court of Appeals, including a debate between Judges James L. Dennis and Stuart Kyle Duncan about whether ICWA imposes obligations on state agencies and courts that violate the 10th Amendment’s anticommandeering doctrine.“Conspicuously absent from the list of powers given to Congress is the power to issue …

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