Well, hereās the idea of flipping racism on its head: Texas Attorney General Ken Paxton successfully argued in a Texas court that the Indian Child Welfare Act is racist in intent, because it prohibits white families from adopting Native children without the tribeās permission.
Forcibly transferring children from one group to another is defined by the UN as genocide. Canāt let the UN get in the way of a good conservative genocide though (see also taking children from parents at the border).
This case had already been settled out of court between the Native and White families involved, but that didnāt stop Ken Paxton from going forward anyway:
In the Texas case, US District Judge Reed OāConnor overturned the Indian Child Welfare Act (ICWA), the federal law governing the adoption of Native American children, because you see the lawās intent of keeping Native American kids with Native American families is āracist,ā according to the twisted logic of a Republican attorney general. OāConnor held the law ā put in place in 1978 to curb what tribes considered a longstanding policy of decimating tribes by adopting kids out to white families ā actually violated the Fifth Amendmentās guarantee of equal protection. (It is in fact conforming to one of the UNās definitions of āgenocideā: forcibly transferring children of one group to another group.)
Signed on to the case were the Heritage Foundation and the Goldwater Institute on Texasās behalf. Interestingly, the Goldwater Institute noted that Senator Barry Goldwater voted for the act when it was passed in the Carter Administration.
The tribes involved in the case issued a joint statement, which makes it look like they will appeal. However, with all the conservative judges being pushed through as fast as the GOP can, it looks like Native genocide is going to be the law of the land (again).