Earlier this month, a federal judge in Texas struck down the Indian Child Welfare Act, which had been in effect for four decades.

Ken Paxton, the attorney general of Texas, argued to Judge Reed O’Connor that the act “elevates a child’s race over their best interest.” Native American tribes have expressed surprise and disappointment with the decision, which is likely to be appealed.

Emma Platoff of the Texas Tribune, who has been covering the story. She joined The Show to talk about the case.

In an official statement from the Native American Rights Fund, the National Indian Child Welfare Association, the National Congress of American Indians and the Association on American Indian Affairs, they say that the decision by the court in Texas is an “egregious decision that ignores the direct federal government-to-government relationship and decades upon decades of precedent that have upheld tribal sovereignty and the rights of Indian children and families.

“Through 40 years of implementation, ICWA’s goal is to promote family stability and integrity. It continues to be the gold standard in child welfare policy.

“While this disturbing ruling is a pivotal moment for Indian Country, we vehemently reject any opinion that separates Native children from their families and will continue to fight to uphold ICWA and tribal sovereignty.”