One of the most complete surviving collections of Civil War artifacts belonging to an individual Mississippi soldier is the T. Otis Baker Collection at the Mississippi Department of Archives and History. Emboldened by the Adoptive Couple v. Baby Girl decision in 2013, these anti-ICWA forces—led by the adoption industry, religious coalitions, and a conservative think tank—have spent years bringing forth suit after suit in courts throughout the country, sometimes even using identical briefs in different forums, all in the attempt to have ICWA declared unconstitutional.
The Partnership for Native Children remains unwavering in our commitment to defend the constitutionality of ICWA by all available means and will continue to work in support of tribes and Native people throughout the country to ensure that Native children, families, and tribes are protected.
We remain steadfast in our commitment to defend the constitutionality of ICWA by all available means for one simple reason: If ICWA is struck down in whole or in part, the victims will be our children and our families, Native children and Native families.
In an unprecedented ruling that threatens Native American children and families, U.S. District Court Judge Reed ‘Connor in the Northern District of Texas declared the federal Indian Child Welfare Act (ICWA) unconstitutional in an opinion in Brackeen et. al. v. Zinke, filed October 4, 2018.
If, however an application had been made, the trees had been competently inspected and a decision made, in good faith, not to allow the removal of the trees there would have been no liability even if the tree had fallen in the wind. By the time Baker joined the 10th Mississippi Infantry in March 1862, the unit had already been in service for over a year.