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A federal judge who invalidated the Indian Child Welfare Act and the Affordable Care Act is seeing his rulings challenged before the 5th Circuit Court of Appeals, whose building is seen here in New Orleans, Louisiana. Photo by Indianz.Com (CC BY-NC-SA 4.0)
HEALTH | LAW | NATIONAL | POLITICS | TRUST
Trump administration abandons the Indian Health Care Improvement Act in court case

Tuesday, March 26, 2019
In a legal development that puts the Indian Health Care Improvement Act (IHCIA) at risk of being eliminated, the Trump administration is refusing to defend the Affordable Care Act (ACA).
In a one-page filing on Monday, the Department of Justice said it supports a federal judge's decision to invalidate the entirety of the ACA. If the ruling is upheld, the IHCIA would also go away because the judge assigned to the case made no effort to determine how to protect the trust and treaty responsibility owed to American Indian and Alaska Native patients.
The Trump administration's stance also leaves Indian Country without an advocate as the case moves forward. While a number of state governments have intervened to defend the ACA, no tribes or tribal organizations are participating at this point.
The judge who invalidated ACA is Reed O'Connor, who serves on the federal court in the Northern District of Texas. He is the same judge who struck down the Indian Child Welfare Act (ICWA) as unconstitutional, a ruling that went against decades of precedent in Indian law and policy cases.
Both decisions are now being challenged in the 5th Circuit Court of Appeals. Arguments in the ICWA case took place two weeks ago, with a panel of judges expressing skepticism about O'Connor's ruling, as well as the overall attempt to invalidate a federal law that has been in place since 1978.

[indianz.com]

AmmaRE007 7 Mar 26
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1

So native Americans were still being called "Indians" in 1978 ? unbelievable

@Bobby9 I think the word "native" is normally used to mean the original inhabitants of a region. How far back do you want to go ?. They originally came from Africa as we all did.

@Bobby9 You are tying yourself in knots with semantics

[bing.com]

I am bothered because it is now considered a derogatory term for the peoples who were persecuted and had genocide committed against them by the European settlers and should no longer be used.
To be really accurate they should be called by the individual "nations" which existed in North America prior to the European settlers arriving.

@Bobby9 Of course I am aware of the status of tribal lands and the casinos on some of their lands.
I don't know how many NATIVE AMERICANS you have spoken to but I had the pleasure of spending a couple of hours in the company of a group at Minneapolis airport last year. They were from different nations and were on their way to a conference in Stanford. Lovely people and very interesting to talk to. They made it quite clear that they did not like to be called Indians

Read this you may learn something.

he Native American name controversy is an ongoing discussion about the changing terminology used by indigenous peoples of the Americas to describe themselves, as well as how they prefer to be referred to by others. Preferred terms vary primarily by region and age. As indigenous people and communities are diverse, there is no consensus on naming, aside from the fact that most people prefer to be referred to by their specific nation.
When discussing broad groups of peoples, naming may be based on shared language, region, or historical relationship, such as "Algonquin-speaking peoples", "Pueblo-dwelling peoples", "Plains Indians" or "LDN peoples" (Lakota, Dakota and Nakota peoples).
Many English exonyms have been used to refer to the indigenous peoples of the Americas, who were resident within their own countries when European colonists arrived in the 15th and 16th centuries. Some of these names were based on French, Spanish, or other European language terminology used by earlier explorers and colonists; some resulted from the colonists' attempt to translate endonyms from the native language into their own; and some were pejorative terms arising out of prejudice and fear, during periods of conflict between the cultures involved.
In the 20th and 21st centuries, indigenous peoples in the Americas have been more vocal about the ways they wish to be referred to, pressing for the elimination of terms widely considered to be obsolete, inaccurate, or racist. During the latter half of the 20th century and the rise of the Indian rights movement, the United States government responded by proposing the use of the term "Native American", to recognize the primacy of indigenous peoples' tenure in the nation. The term has met with only partial acceptance. Other naming conventions have been proposed and used, but none are accepted by all indigenous groups. Typically, each name has a particular audience and political or cultural connotation, and regional usage varies.
In Canada, while Status Indian remains a legal designation due to the Indian Act, the term "Indian" is generally considered offensive when used by non-Natives with the term First Nations being preferred for peoples covered by the Indian Act and Indigenous peoples preferred for Native peoples generally or when talking about Inuit and Métis who do not fall under the "First Nations" category.

I've got an idea........Why don't you call them Americans? ANd why stop there? Why are black people called 'Black americans'; then there are 'asian americans'. So obsessed with your ethnic backgrounds but we're all mongrels. I can't even begin to understand why fourth generation Americans say "oh I'm Irish". NO you're not irish.......you're American.

@MsDemeanour Good point but their ancestors were there long before America was America so maybe they should be called by their first nation name . Black Americans tend to be called African Americans these days but we are all Africans if we go back far enough. We have never had the expression black British or black English, it seems to be a particularly American thing.
Yes I find it amusing that a person who's great grandfather emmigrated from Donegal all those years ago still call themselves Irish.

@Moravian I agree it is important to acknowledge the original owners of the land especially if they were treated half as badly as the original owners of my own country, Australia. We might have a bit of a dilemma naming them all by their clan since 200 yrs ago there were more than 500 nations throughout. Still, we do try to acknowledge the local indigenous ppls,as the original owners past and present, when we start formal meetings.

3

Let's hope that the final ruling is for people, not ideology.

1

Indian Child Welfare Act (ICWA) The Indian Child Welfare Act (ICWA) of 1978 is Federal law that governs the removal and out-of-home placement of American Indian children. The law was enacted after recognition by the Federal Government that American Indian children were being removed from their homes and communities at a much higher rate than non-Native children.
www.childwelfare.gov/...com/americanindian/icwa

Indian Health Care Improvement Act (IHCIA)

The Indian Health Care Improvement Act (IHCIA), the cornerstone legal authority for the provision of health care to American Indians and Alaska Natives, was made permanent when President Obama signed the bill on March 23, 2010, as part of the Patient Protection and Affordable Care Act.

Indian Health Care Improvement Act - 25 U.S. Code Chapter 18 [PDF - 1.6 MB]

S. 1790 [PDF - 689 KB] as reported by the Senate Committee on Indian Affairs was enacted into law, with minor changes, by section 10221 of the Patient Protection and Affordable Care Act, H.R. 3590, which became Public Law No: 111-148 [PDF - 498 KB]

Annotated Codification of the Indian Health Care Improvement Act, Public Law 94-437 [PDF - 16.3 MB] as Amended Through November 1, 2000.

2

going backwards more than 40 years..

you might want to explain what some of these laws are.I know I am a bit fuzzy on IHCIA and not much better on ICWA. Just remembering how ignorant I was when I moved to the Navajo reservation

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