Indigenous Justice
Brackeen v. Haaland
On August 18, 2022 the American Civil Liberties Union, along with 12 ACLU state affiliates and represented by Cooley LLP, filed an amicus brief with the U.S. Supreme Court urging the court to uphold the constitutionality of the Indian Child Welfare Act.
Status: Closed
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All Cases
5 Indigenous Justice Cases
Montana
Jul 2021
![Native Americans on horse back protesting at Capitol Hill](https://assets.aclu.org/live/uploads/2021/07/Header-Native-American-History-600x400.jpg)
Yellow Kidney, et al. v. Montana Office of Public Instruction, et al.
In July 2021, the ACLU, the ACLU of Montana, and the Native American Rights Fund (NARF) filed a class-action lawsuit on behalf of five Indian nations and 18 individual plaintiffs challenging the state of Montana’s failure to fulfill its constitutional mandate to teach public school students the history and culture of the first peoples of Montana in consultation with local tribes.
Status: Ongoing
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![Native Americans on horse back protesting at Capitol Hill](https://assets.aclu.org/live/uploads/2021/07/Header-Native-American-History-600x400.jpg)
Montana
Indigenous Justice
Yellow Kidney, et al. v. Montana Office of Public Instruction, et al.
In July 2021, the ACLU, the ACLU of Montana, and the Native American Rights Fund (NARF) filed a class-action lawsuit on behalf of five Indian nations and 18 individual plaintiffs challenging the state of Montana’s failure to fulfill its constitutional mandate to teach public school students the history and culture of the first peoples of Montana in consultation with local tribes.
Jul 2021
Status: Ongoing
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South Dakota
Mar 2019
![Dakota Rural Action v. Noem](https://www.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Dakota Rural Action v. Noem
The ACLU and ACLU of South Dakota have filed a federal lawsuit challenging three South Dakota laws that target full-throated advocacy and protest.
Status: Ongoing
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![Dakota Rural Action v. Noem](https://www.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
South Dakota
Indigenous Justice
Racial Justice
Dakota Rural Action v. Noem
The ACLU and ACLU of South Dakota have filed a federal lawsuit challenging three South Dakota laws that target full-throated advocacy and protest.
Mar 2019
Status: Ongoing
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U.S. Supreme Court
Jun 2016
![Mississippi Band of Choctaw Indians flag](https://assets.aclu.org/live/uploads/2023/01/WEB15-Mississippi_Choctaw_Flag-1160x864-600x447.jpg)
Dollar General v. Mississippi Band of Choctaw Indians
Whether tribal courts have jurisdiction to hear a tort claim against a defendant who is not a tribe member for activities occurring on tribal land.
Status: Closed (Judgment)
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![Mississippi Band of Choctaw Indians flag](https://assets.aclu.org/live/uploads/2023/01/WEB15-Mississippi_Choctaw_Flag-1160x864-600x447.jpg)
U.S. Supreme Court
Indigenous Justice
Dollar General v. Mississippi Band of Choctaw Indians
Whether tribal courts have jurisdiction to hear a tort claim against a defendant who is not a tribe member for activities occurring on tribal land.
Jun 2016
Status: Closed (Judgment)
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South Dakota
Mar 2015
![Oglala Reservation](https://assets.aclu.org/live/uploads/2019/09/oglala-reservation-600x400.jpg)
Oglala Sioux Tribe v. Van Hunnik
Three Indian parents, the Oglala Sioux Tribe, and the Rosebud Sioux Tribe filed a class-action lawsuit to challenge the continued removal of Indian children in Pennington County, South Dakota from their homes based on insufficient evidence and without proper hearings, in violation of the Indian Child Welfare Act of 1978 and the constitutional right to due process.
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![Oglala Reservation](https://assets.aclu.org/live/uploads/2019/09/oglala-reservation-600x400.jpg)
South Dakota
Indigenous Justice
Criminal Law Reform
Oglala Sioux Tribe v. Van Hunnik
Three Indian parents, the Oglala Sioux Tribe, and the Rosebud Sioux Tribe filed a class-action lawsuit to challenge the continued removal of Indian children in Pennington County, South Dakota from their homes based on insufficient evidence and without proper hearings, in violation of the Indian Child Welfare Act of 1978 and the constitutional right to due process.
Mar 2015
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