This Woman Called Her Local Congressman About Her Menstrual Cycle, And It Proves How Ridiculous It Is For Men To Think They Have A Say In Women's Reproductive Rights


BUZZFEED Mon, November 7, 2022 

In the months since the overturn of Roe v. Wade, abortion has officially been outlawed in 13 states, making reproductive healthcare completely inaccessible in some states for the first time in nearly 50 years.

Jemal Countess / Getty Images for Supermajority

Ahead of a midterm election that could impact the future of reproductive rights, one woman in California decided to give her local congressman a call.

In a viral video that has now been viewed over 300,000 times, Dara can be heard making a phone call to the office of Congressman Mike Garcia of the 25th District in California, who is an anti-choice advocate. In the video, neither the congressman nor his staff answered the call, so Dara proceeded to leave a message.

Dara Faye / Via Twitter: @darafaye

In the message, Dara begins to go into detail about symptoms she's been experiencing related to her period. "Hi, my name is Dara," she said in a clip of the recorded phone call. "I was just calling because I wanted to report irregularities in my period. I have also been having cramping during ovulation."

Dara Faye / Via Twitter: @darafaye

"I just figured that Mr. Garcia would be interested in all of this because he supports the Life at Conception Act," she continued. "I don't know if he's a board certified gynecologist, but I assume if he supports this act, he has a lot of knowledge about this."

Dara Faye / Via Twitter: @darafaye

"I don't know if I should be concerned or not, so I was hoping that someone — specifically Mike Garcia — could get back to me so we can discuss my menstrual cycle and my ovulation cramps. Thank you."

According to the bill summary, the Life at Conception Act protects the right to human life "at all stages," including fertilization.

BuzzFeed reached out to Dara to get more information on her decision to make these calls. It all began after Dr. Oz — who's vying for a spot in the Pennsylvania Senate — made headlines when he said "local political leaders" should be involved in decisions regarding abortion. To shine light on the ridiculousness of his statement, Dara decided to call several of her own local congressmen about her menstrual health.

Although she was only able to record one of several phone calls, she's made a series of viral satirical videos addressing the absurdity of Dr. Oz's statement.

"Dr. Oz thinks a woman's medical decisions should be between her, her doctor, and local politicians," she said in one clip. "Right, yes. Because every time my husband and I decided to have a child, we called our local politicians so we can discuss my birth plan, and then see if my OB agreed."

Dara Faye / Via Twitter: @darafaye

All jokes aside, Dara hopes that her calls and videos will get people to take action. "I just want people to not be apathetic," Dara told BuzzFeed. "We have midterm elections coming up, and it's so important. The Republican party is looking to do a federal ban on abortion — like, this is serious stuff."

Dara Faye / Via Twitter: @darafaye

"We have these politicians like Mike Garcia, who is in California, who are supporting the Life at Conception Act, who want to give no exceptions to women for any kind of medical choice regarding their reproductive rights," she said. "I think that we need to be pushing back in any way; like, they can't just silence us. And while it might not make a big change, it's definitely creating an inconvenience by calling them."

After posting the clip of the phone call to Twitter, many people were inspired to call their own local congressmen.

It appeared that congressmen across the nation were going to be receiving calls.

And it looks like history does in fact repeat itself.

And to all those who feel inspired to call their own congressmen, Dara advises to remember to be respectful. "At the end of the day, the people who are working the phones are not the politicians who are pushing this legislation," she said. "But I would just recommend giving them all the gory details, tell them everything. I mean, I think a lot of these politicians need to learn about period poops. I think that they need to learn more about what we go through — tell them about your PMS in every detail, tell them about PMDD. They should know. Let them know everything."

Editor’s Note: BuzzFeed supports a person’s right to an abortion. If you, like us, feel impassioned about abortion rights, learn more or find a local fund to donate to here.

Goodbye to the glorious, stupid wasteland of Twitter: What a hell of a way to die



Robin Epley
Mon, November 7, 2022

Here lies Twitter, we knew ye too well. A tiny blue bird that flew too high before crashing last week, thanks to a joyriding, spiteful billionaire clutching its $44 billion tail feathers.

Twitter, you gave us Bean Dad, Cinnamon Toast shrimp tails, Zola’s hoeism, 30-50 feral hogs, Jorts the cat, the greatest day on the internet and plenty of milkshake ducks. And if you don’t understand a single word in that last sentence, then congratulations on your fulfilling life outside of the internet.

It also gave us unbridled hate speech, racism, misogyny, fatphobia, Nazis and a whole era of unhinged, Trumpian tweets that will live in history books forever. I pity the AP U.S. History students in two decades who have to learn how to spell “covfefe” for their final exam.

Opinion

But, as the kids say — glory, glory hallelujah, what a hell of a way to die.

Watching Twitter die on Twitter is like watching a slow-motion Hindenburg burst into flames, land in a flood, hit an iceberg and blow up.

It’s a fitting end for a platform that everyone loved to hate, but loved to be hateful on even more.

We are gleefully watching the end of Twitter via Twitter, while simultaneously preempting and mourning its loss. I can think of no better analogy for the way we consume — and are consumed by — the internet.

Twitter, you see, is notoriously unprofitable. Despite a never-ending content stream from 450 million monthly, active users that include everyone from Taylor Swift to your neighbor Pat, Twitter reported a net loss of $221 million in 2021 and a $1.1 billion loss in 2020.

So Elon Musk — who has little experience in making anything profitable — is killing his investment with fast-profit gimmicks, like making users pay to be verified. Meanwhile, there was an “immediate, visible, and measurable spike” in hate speech on the platform in the 12 hours after Musk announced his new ownership, according to the company. Probably because Musk himself encourages conspiracy theories and hateful conduct. He also laid off about half of the company’s workforce on Friday, some 3,700 people, only to invite some of them back come Monday.

The first rule of the internet is to never be earnest about anything, but in these final days, I’m going to be sincere about Twitter for just a moment:

Despite its well-earned reputation for terrible people and worse takes, there are actually whole communities of genuinely kind and smart people who daily use the platform to communicate, share information and keep up with friends.

Those communities thrived during the pandemic, and the platform let us keep friendships alive during those years of enforced social isolation.

I’ve made friends in countries all over the world simply because we found a common interest on Twitter. Those are the kind of friendships that will weather Musk’s ability to ruin previously-functioning companies. And I suppose that one of the few blessings in Millennials getting older is that we no longer have to defend our online lives — they’re now the status quo.

We work on the internet, we hail cabs on the internet, we order food through the internet and we connect with the world through the internet. We make friends on the internet too.

You don’t have to understand Twitter, or even use it, to appreciate that.

And unlike other social media platforms, Twitter is inherently text-based — just as Instagram is image-based and TikTok is video-based — so there is no equivalent to Twitter currently on the media landscape.

I don’t know if I’m going to stay or go yet. I wish I did, but it’s not a simple matter of moving platforms and communities over wholesale. A large part of me hopes Musk will lose interest before I have to decide.

There’s plenty of conjecture about what might be next, though.

Former Twitter CEO Jack Dorsey — who encouraged Musk’s buyout — says he’s launching a similar site called Bluesky Social. An increasing number of people seem to be migrating over to Mastodon, an open-source microblogging software platform. Reddit, too, the granddaddy of online community platforms, could be another inheritor of Twitter refugees.

It may not be cool to say it, but there are a lot of people who enjoyed Twitter and will be sorry to lose it, myself included. I suspect that like MySpace and Tumblr before it, Twitter will still nominally exist, but the community will never be the same. That’s what happens in the graveyard of irrelevant social mediums.

As for those of us that used it, we will find another platform. Old friends will find old friends. Communities will regrow. Maybe burning it to the ground and starting over is the only way to truly move on.

But wherever we wind up, I hope we take the lessons we’ve learned from Twitter with us. That free speech cannot exist without the thoughtful moderation of hate. That the world needs a town square.

And for the love of God, I hope the next place has an edit button.

Stakhanovite

The Twitter manager who went viral for sleeping on the floor of company HQ survived Elon Musk's layoffs

Grace Kay
Mon, November 7, 2022 

An employee posted a picture on Twitter of Esther Crawford sleeping in the office. Twitter

The manager who went viral for sleeping at Twitter's headquarters survived Elon Musk's layoffs, sources told Insider.


Last week, a Twitter employee posted a photo of Esther Crawford in a sleeping bag at the office.


Musk has said he works 120-hour weeks and has slept on Tesla's factory floor in the past.

It might take some sleepless nights to survive Elon Musk's Twitter takeover.

Esther Crawford, the Twitter manager who went viral for sleeping at Twitter's San Francisco headquarters last week, survived the mass layoff that took out about 50% of the social media company's staff on Friday, sources familiar with the matter from within the company told Insider.

As thousands of Twitter staff tweeted farewell to the company on Friday, Crawford gave an update on the company's plans for Twitter Blue — a service that would allow users to pay for verification and other features for $7.99 per month. Previously, the company had offered Twitter Blue for $2.99 per month as a service that would allow users to access special features like editing tweets or reducing ads.

"The new Blue isn't live yet — the sprint to our launch continues but some folks may see us making updates because we are testing and pushing changes in real-time," Crawford tweeted on Friday afternoon. "The Twitter team is legendary. New Blue… coming soon!"

Crawford has been the director of product management at Twitter for nearly two years, according to her LinkedIn profile. The Information reported last week that the manager "appears to be rising in prominence" at Twitter since Musk completed his purchase.

Crawford did not respond to a request for comment from Insider ahead of publication.

But Crawford's apparent ability to weather the storm at Twitter points to a larger trend at the company and new expectations for productivity. Within days of the takeover, Musk eliminated "days of rest" at Twitter. He's also ordered people working on "Elon-critical projects," like getting a new subscription model for verification, to work "literally 24/7" and in 12-hour shifts, according to an internal memo seen by Insider's Kali Hays.

Musk has long been known for his high expectations for employees. At Tesla and SpaceX, workers are known to work grueling hours as the billionaire strives to hit lofty goals. The CEO has said in the past he has slept on Tesla's factory floor and worked 120 hour weeks to meet his targets.

Ultimately, Crawford's night at the office echoes Musk's goals for productivity.

"When your team is pushing round the clock to make deadlines sometimes you #SleepWhereYouWork," she tweeted on Wednesday.

Since, Crawford has repeatedly tweeted her support for laid off "Tweeps." One departing employee called Crawford "the only person I know who could keep a team moving and shipping amid the chaos."

Additional reporting by Kali Hays.

BACKGROUNDER

For Native Americans, a 1978 adoption law protects children. Critics see a racial preference.

John Fritze, USA TODAY
Mon, November 7, 2022

WASHINGTON – Some of Autumn Adams' most vivid childhood memories involve sitting in a courtroom or talking with child protective services after her father died, her mother was deemed unfit to be a parent and she was thrust suddenly into foster care.

Adams was 9 years old.

Looking back, she partly credits a 1978 law setting special rules for custody of Native American children for helping her navigate the trauma of that time. The law, which prioritizes Native American families for the custody of Native children, meant she was able to keep her bond with the Yakama Nation even as the rest of her world fell apart.

Adams was placed with an aunt and then a grandmother, both of whom lived on the Yakama Reservation in Washington state.

"Having that connection not only to my family but to my culture through my family members, I was able to pull through one of the darkest and most trying times in my life," said Adams, now in her second year of law school at Arizona State University. "I was able to rely on my culture to pull me through and keep me grounded."

The Supreme Court will hear arguments Wednesday in a case challenging that law, the Indian Child Welfare Act, which Congress approved to stop a decadeslong practice of attempting to assimilate Native American children by removing them from their tribes and placing them with non-Native families or in boarding schools.

Non-Native families who have sought to adopt Native American children say the law violates the 14th Amendment because it gives a preference to one race over others. The original plaintiffs in the case, which also included the states of Texas, Indiana and Louisiana, argued Congress overstepped its authority by passing a law that sets requirements for state child-custody proceedings. Indiana and Louisiana later dropped off the litigation.

If a majority of the court agrees with that view, it will once again put race front and center at the nation's highest court. The nine justices are already weighing a potentially monumental challenge to affirmative action, as well as a case involving the use of race in the once-a-decade process of congressional redistricting.

Critics say the law, however well-intentioned, can wind up harming Native American children in other circumstances, such as by setting a higher legal standard for removing them from abusive households. The Goldwater Institute has called attention to cases in which a child was killed after being returned to biological parents under the law.

"State officials are forced to send Indian children back to a home they know to be abusive, which would not happen in cases involving children of other races," said Timothy Sandefur, vice president for legal affairs at Goldwater, a conservative think tank that has represented clients opposed to the law in other cases.

Another problem Sandefur sees: tribal leadership stepping in to oppose adoptions under the law even if there aren't available options for placement with Native families.

"Because of an ideological opposition to Indian children being adopted by any other race, these children end up bouncing from one foster home to another," he said.

Leaders of several of the nation's best-known tribes, joined by the Biden administration, have rejected that argument. Proponents say the law's requirements are based not on race, but rather that Native American tribes are sovereign. Congress, they argue, has broad power to pass laws protecting Native Americans.

Gorsuch: Native Americans are winning at the Supreme Court with help from Gorsuch

Decision: Tribal police may detain non-Native Americans on reservation highways

Oklahoma: Supreme Court sides with Oklahoma over crimes on Native territory

They see the lawsuit as an attack not only on their sovereignty, but also on their children, who they say benefit most when placed with their families and communities.

"We will not go back to a time when our children were stolen from our communities without cause," Charles Martin, chairman of the Morongo Band of Mission Indians in California, said during a call with reporters last month.

The law has in the past divided the Supreme Court in unpredictable ways. In 2013, a 5-4 majority sided with a 3-year-old girl's non-Native adoptive parents over a claim made by her biological father, who was a member of the Cherokee Nation and had objected to the adoption after the fact. In an opinion written by Associate Justice Samuel Alito, a conservative, the court ruled that a noncustodial parent could not invoke the law.

A law enforcement official stands on the steps of the U.S. Supreme 

Court Building on October 03, 2022.

The child involved in that case, who was widely known as "Baby Veronica," was considered Native American because she was 3/256ths Cherokee.

Alito's opinion was joined by Associate Justice Anthony Kennedy, then the court's swing vote, and Associate Justice Stephen Breyer, a liberal. Associate Justice Clarence Thomas wrote a concurring opinion raising more fundamental concerns with the law.

While that case suggests some members of the court's conservative majority are skeptical of the law, that may not be a universal position. Associate Justice Neil Gorsuch, who joined the court in 2017, has frequently sided with Native American interests even when that has meant breaking from his conservative colleagues.

Other associate justices to watch: Brett Kavanaugh, Amy Coney Barrett and Ketanji Brown Jackson, all of whom joined the court after the 2013 decision.

Both Barrett and Chief Justice John Roberts are adoptive parents.

The appeal follows a deeply fractured opinion from the U.S. Court of Appeals for the 5th Circuit, which split evenly on several of the law’s provisions. The result upheld a federal district court’s determination that some provisions of the law are unconstitutional.

Native American tribes have secured a number of high-profile victories at the Supreme Court in recent years, including a 5-4 decision in 2020 that ruled Congress never disestablished the Muscogee (Creek) Nation's reservation, an area that encompasses 3 million acres and hundreds of thousands of non-Natives.

That decision vastly expanded what is considered Native territory in Oklahoma.

But last year, in an opinion written by Kavanaugh, the court backed Oklahoma over the same tribe in a struggle for jurisdiction over certain crimes on Native American land. The big difference between those two cases: Associate Justice Ruth Bader Ginsburg, who backed the tribe in 2020, died months later. She was succeeded by Barrett, who voted for the state instead of a criminal defendant who argued that the state lacked the authority to prosecute a crime that took place on Native land.

This article originally appeared on USA TODAY: Supreme Court tackles race, Native American history in adoption fight

Native child welfare law faces major Supreme Court challenge







Rosa Soto Alvarez, of Tucson,, holds a flag of the Pascua Yaqui Tribe as she and other Native Americans stand outside the federal appeals court in New Orleans, Wednesday, Jan. 22, 2020. Parts of a federal law giving Native American families preference in the adoption of Native American children were effectively struck down Tuesday, April 6, 2021 by a sharply divided federal appeals court, a defeat for tribal leaders who said the 1978 law was important to protecting their families and culture. The U.S. Supreme Court will hear arguments, Wednesday, Nov. 9, 2022 on the most significant challenge to the Indian Child Welfare Act that gives preference to Native American families in foster care and adoption proceedings of Native American children since it passed in 1978. 

(AP Photo/Kevin McGill, File)

FELICIA FONSECA and MARK SHERMAN
Sun, November 6, 2022 

FLAGSTAFF, Ariz. (AP) — The U.S. Supreme Court is set to hear arguments Wednesday on the most significant challenge to a law that gives preference to Native American families in foster care and adoption proceedings of Native children.

The outcome could undercut the 1978 Indian Child Welfare Act, which was enacted in response to the alarming rate at which Native American and Alaska Native children were taken from their homes by public and private agencies. Tribes also fear more widespread impacts in the ability to govern themselves if the justices rule against them.

The law requires states to notify tribes and seek placement with the child’s extended family, members of the child’s tribe or other Native American families. It’s long been championed by tribal leaders as a means of preserving their families, traditions and cultures.

Three white families, Texas and a small number of other states claim the law is based on race and is unconstitutional under the equal protection clause. They also contend it puts the interests of tribes ahead of children. Lower courts have been split on the case.

“This is an all-out nuclear war attack on ICWA,” said Mary Kathryn Nagle, a Cherokee attorney for the National Indigenous Women's Resource Center who filed a brief in support of the law. “We have not seen that before. That’s either ironic or interesting, because the law has been on the books for 44 years, and this is the first time the constitutionality of the law has been challenged. This is unprecedented."

More than three-quarters of the 574 federally recognized tribes in the country have asked the high court to uphold the law in full, along with tribal organizations. They fear widespread impacts if the court attempts to dismantle the tribes' status as political sovereigns.

Nearly two dozen state attorneys general across the political spectrum filed a brief in support of the law. Some of those states have codified the federal law into their own state laws.

“We disagree on many things,” the brief reads. “But we all agree that ICWA is a critical — and constitutionally valid — framework for managing state-tribal relations, protecting the rights of Indian children, and preventing the unwarranted displacement of Indian children from their families and communities.”

Texas, Louisiana, Indiana and seven individuals have sued over the provisions of the law, though not all are involved in the case before the high court. The lead plaintiffs in the Supreme Court case — Chad and Jennifer Brackeen of Fort Worth, Texas — said the law doesn't have the best interest of children at heart.

“It’s important for people to understand that this is not just a law," Jennifer Brackeen, an anesthesiologist, said in an interview with The Associated Press.

She and her husband, Chad, adopted a Native American child after a prolonged legal fight with the Navajo Nation, one of the two largest Native American tribes, based in the U.S. Southwest. They are trying to adopt the boy’s half-sister, now 4, who has lived with them since infancy. The Navajo Nation has opposed that adoption.

A major problem with the law, Chad Brackeen said, is its lack of flexibility.

“We feel primary consideration is that all children, regardless of race, should be placed in loving forever homes,” Jennifer Brackeen said.

A federal district court in Texas initially sided with the group of plaintiffs in 2018 and struck down much of the Indian Child Welfare Act, ruling it was race-based and unconstitutional.

But in 2019, a three-judge federal appeals court panel voted 2-1 to reverse the district court and uphold the law. The full court then agreed to hear the case and struck down some of the provisions, including preferences for placing Native children with Native adoptive families and in Native foster homes. It also said Congress overstepped its authority by imposing its will on state officials in adoption matters.

But it upheld the determination that the law is based on the political relationship between the tribes and the U.S. government, not race.

The high court has twice taken up cases on the Indian Child Welfare Act before, in 1989 and in 2013, that have stirred immense emotion.

All of the children who have been involved in the current case at one point are enrolled or could be enrolled as Navajo, Cherokee, White Earth Band of Ojibwe and Ysleta del Sur Pueblo. Some of the adoptions have been finalized while some are still being challenged. How those are affected by the Supreme Court case could depend on how the high court rules.

Before the Indian Child Welfare Act was enacted, between 25% and 35% of Native American children were being taken from their homes and placed with adoptive families, in foster care or in institutions. Most were placed with white families or in boarding schools in attempts to assimilate them.

“They would just swoop in and take our kids,” said Michelle Beaudin, a council member of the Lac Courte Oreilles Tribe in Wisconsin. “And they didn't know their culture, they were just brought into another world. There was no justification for them to come into our communities."

Kate Fort, who represents intervening tribes in the case, said Native American children remain disproportionately represented in the system, but the actual figures vary dramatically by state.

“It’s better than when ICWA was passed, but we still have work to do,” she said in a recent call with reporters.

Beaudin, who was a foster care parent for more than 10 years, adopted her now 22-year-old daughter. She saw great value in ensuring that her daughter stayed connected to both her Ojibwe and Ho-Chunk heritage by passing down traditional skirts and participating in cultural ceremonies.

“That really helped her be confident in who she is and where she came from,” Beaudin said. “She had those pieces of her. If you don't know where you came from and who your people are and what your culture is about, you don't have a sense of belonging anywhere.”

___ 

Fonseca covers Indigenous communities on the AP’s Race and Ethnicity team. Follow Fonseca on Twitter @FonsecaAP. Sherman reported from Washington. Associated Press writer Sophie Austin in Sacramento, California, contributed to this report. Austin is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Austin on Twitter @sophieadanna.

___
Maintain tribal authority over adoption of Indigenous children


1
Kitty Miller, Anna Lawson, Martha Phillips and John Maddaus
Sun, November 6, 2022 

On Nov. 9, the U.S. Supreme Court will hear oral argument in Haaland v. Brackeen, a case brought by three states and individual prospective non-Indian adoptive parents. It challenges the constitutionality and provisions of the Indian Child Welfare Act (ICWA), enacted in 1978 to ensure tribal authority over the adoption of Indigenous children. ICWA addressed the then-common removal of Indian children from their homes and placement with non-Native families, a practice so widespread and disproportionate to similar actions among non-Native children that it showed grave lack of understanding of tribal cultures and the vital role of Native extended families. This caused a serious threat to tribal survival.

Brackeen contains a radical attack on the entire body of federal Indian law. It argues the federal concept of “Indian” is based on a racial classification that violates the equal protection of the 14th Amendment. This contradicts the history of tribal sovereignty in federal courts, which have consistently held that “federal legislation with respect to Indian tribes ... is not based on impermissible racial classifications” (U.S. v. Antelope, 430 U.S. 641, 1977). "Indian" is a political classification based on membership in a federally recognized tribe. This distinction flows from the Supremacy Clause of the U.S. Constitution, which gives the federal government exclusive authority over relations with Indian tribes. Any limitation on this federal authority would negate federal ability to fully administer its trust responsibility. Brackeen also challenges ICWA’s placement preferences and regulations promoted by the Bureau of Indian Affairs.

The three plaintiff states in Brackeen (Texas, Louisiana, Indiana) have tiny Indian populations. Many parties have filed “friend of the court” briefs supporting ICWA: 497 tribes, 62 tribal organizations, 27 states containing 94 percent of all federally recognized tribes, and many child welfare organizations. New Mexico is home to 23 sovereign tribal nations — 19 Pueblos, three Apache tribes, the Navajo Nation — each of which is culturally distinct. In 2022, the New Mexico Legislature enacted the Indian Family Protection Act, which incorporated many of the provisions of ICWA into state law.

As people of faith, Christian churches have a special responsibility to protect ICWA because of the roles we have historically played in forcibly taking Native children from their homes to draconian boarding schools whose goal was to eliminate tribal languages and cultures, and often resulted in Native children’s deaths. We must stand with our Indigenous siblings. We urge Christians to support ICWA to protect tribal sovereignty and authority over tribal adoptions and children’s protection. Our church (First Congregational Church, United Church of Christ, Albuquerque) is honored to join the excellent friend of the court brief by the National Indigenous Women’s Resource Center, Stephanie Benally and Sandy White Hawk, et al., in this case. We’re proud to live in one of the 10 states that have enacted laws protecting tribal authority over adoptions of Native children. As ICWA states, “(t)here is no resource ... more vital to the continued existence of Indian tribes than their children.”

Kitty Miller, Anna Lawson, Martha Phillips and John Maddaus are members of the First Congregational Church, United Church of Christ Racial Justice Team in Albuquerque.

This article originally appeared on Las Cruces Sun-News: Commentary: Maintain tribal authority over adoption of Indigenous children

FAIR AND BALANCED 

FOX SUPPORTS 'WHITE' ADOPTIVE PARENTS

Supreme Court to hear case of Texas couple fighting to keep adopted Native American child

Tyler Olson

Sun, November 6, 2022

The Supreme Court this week will hear the case of a Texas family at risk of losing one of their two adopted Native American children because of a federal law they allege gives tribes "race-based" priority in custody disputes.

The case, Haaland v. Brackeen, combines litigation from a handful of other families and multiple interested states, including Texas, where Chad and Jennifer Brackeen live with their children. The tribes defending the law, meanwhile, warn that if the Brackeens win, the case could have far-reaching consequences that undermine their sovereignty.

At the center of the controversy is the Indian Child Welfare Act (ICWA), a 1970s law meant to protect Native American children in state custody proceedings.

"There are Americans out there who are eager to help these children out, and the Indian Child Welfare Act says they are not allowed to because their skin is the wrong color," Timothy Sandefur, an adjunct scholar at the libertarian Cato Institute, told Fox News Digital.

Chad and Jennifer Brackeen told Fox News Digital that they are worried their adopted daughter, Y.R.J., could be "ripped" from their family thanks to the Indian Child Welfare Act.

TEXAS FAMILY FIGHTS AT SUPREME COURT TO KEEP ADOPTED NATIVE AMERICAN CHILD DUE TO LAW THAT FAVORS TRIBES

"That's outrageous and unconstitutional," he said. Sandefur wrote a brief for the Goldwater institute supporting striking down ICWA.

ICWA was a reaction to high rates of Native children being adopted by non-tribal members – often with little process and unjustly.

It prioritizes placing Native children with extended family members, members of their tribe, and if that's not possible, with another Native family. Exceptions for "good cause" are allowed but not defined.

Tribes argue that their children are key to their continuation as political entities and that their unique status under U.S. law means legislation directed at the tribes isn't race-based.

"The precedent of the Supreme Court is that Indian tribes are political groups of people, they are not racial groups of people," Chrissi Ross Nimmo, the deputy attorney general of Cherokee Nation, told reporters last month. "Tribes determine citizenship ... just like countries."

The Supreme Court will hear the case Haaland v. Brackeen on Nov. 9, 2022. Several Native American tribes and a handful of states are also parties in the case. (Collection of the Supreme Court of the United States via Getty Images)

But critics of the law say it removes the best interest of a child, including staying with adults they've known for some time, in favor of placing a child with anyone of the same or a similar race.

"No other federal law that is triggered by a child's biological eligibility for tribal membership," Sandefur said. "Every other Indian law on the books applies to a person because that person is a member of a tribe."

"Congress’s racial discrimination is ‘most evident’ in ICWA’s third placement preference … which bluntly favors any ‘Indian famil[y]’ from any of 574 tribes over any non-Indian family," a brief from the Brackeens' lawyers says.

Chad and Jennifer Brackeen's journey to the Supreme Court began when Navajo Nation sought to place their adopted son, referred to in court documents as A.L.M., with unrelated tribal members who lived in a different state.

The family to whom the Navajo Nation wished to send A.L.M. stepped back from the proceedings, and the Brackeens won custody. But their adoption saga continued after A.L.M.'s mother gave birth to his half-sister, known as Y.R.J.

The biological mother supported placement with the Brackeens. But Navajo Nation sought to place Y.R.J., according to the Brackeens' lawyers, "in another state hundreds of miles away with either a great-aunt or an unrelated Navajo couple."

That case is still in a state court in Texas. But the Brackeens' lawyers say the result of their Supreme Court case, which stemmed from their fight to keep A.L.M., will likely decide the result of Y.R.J.'s case and thus the future of their family.

"Our children are young, our oldest is 13, the baby sister is 4 and a half. So, to some degree, only the oldest are fully aware of what we're going through," Chad Brackeen told Fox News Digital. "And it's our responsibility to sort of shield our children at this point of the uncertainty, that she could ultimately be taken, ripped from our home and moved states away."

Another major issue Sandefur said the case could turn on is whether ICWA unconstitutionally commandeers state courts to implement federal policy.

"ICWA is the only federal law in existence that is exclusively enforced by state officials. The feds don't enforce ICWA," Sandefur said. "But our federalist system under our constitution prohibits Congress from compelling states to enforce laws against their will."

Lawyers backing top tribal leaders, however, say the consequences for Native Americans could go far beyond adoption disputes if the justices rule against them.

Kate Fort, the director for the Indian Law Clinic at Michigan State University, called the case a "facial attack on tribal sovereignty." She also said it could "lead to a fundamental re-understanding of how Congress can or cannot pass laws for tribes."

Fort said other litigants suing over an alleged gambling monopoly for Native Americans in Washington state are already mimicking the arguments used in the Brackeen case.

Oral arguments are scheduled for Wednesday, with an extended hearing set to last nearly two hours due to the number of parties.

Unlike many politicized cases, the court may not split directly along ideological lines. Tribal law is a subject on which the justices at times may form unusual alliances to decide a case.

"A lot of people are particularly interested in how Justice Gorsuch is going to look at this case, because he has a reputation for being very sensitive to… Indian law issues," Sandefur said.

Boosted by Twitter drama, Mastodon reaches 1 million active monthly users



Kyle Wiggers
Mon, November 7, 2022 

Mastodon, the decentralized social network that's increasingly being positioned as an alternative to Twitter, has eclipsed 1 million active monthly users. That's according to CEO and lead developer Eugen Rochko, who revealed the milestone in a post on Monday morning.

Germany-based Mastodon has experienced rapid growth since Elon Musk's takeover of Twitter, with nearly half a million users joining the network since October 27. While a fraction of the size of Twitter's 238 million daily active users, Mastodon's user base remains on a steep upward trajectory, growing from 60-80 new user registrations per hour prior to October 27 to thousands of registrations per hour today.

Twitter's controversial new ownership -- and recent product changes -- have supercharged Mastodon's expansion. Some users say that they were inspired to switch to Mastodon over to concerns about how Twitter’s functionality may change under Musk’s control, while others joined as a form of protest against Twitter's new paid verification scheme and Musk's heavy-handed approach to moderating certain forms of satire.

Mastodon offers an experience in many ways comparable to Twitter's, with features like hashtags, replies, bookmarking and retweet-like "boosting." But unlike Twitter, the network is ad-free and distributed across thousands of servers organized around interests and geographic regions, run largely by volunteers who join their individual systems together in a federation.


Once they sign up and pick a server via the web or a mobile client, Mastodon users can swap posts and links with others on their own server as well as users on other servers across the network. Each server can choose to limit or filter out undesirable types of content, such as harassment and gratuitous violence, while users on any server can block and report others to administrators.

Founded in 2016, Mastodon -- supported through crowdfunding and a small grant from the European Commission -- isn't governed by a central entity. No one server owner can impose their will or shut down the network; server owners can easily cut ties with any one server that embraces policies they view as too extremist. As my colleague Sarah Perez notes, the decentralized design has the added benefit of reducing the cost of overhead and making it impossible for a single entity -- like Elon Musk -- to acquire.

Twenty-five-year-old Rochko is the project's only full-time employee, programming at his home in Germany on a modest €2,400 ($2,394.96) monthly salary. He's been working 12- to 14-hour days to keep up with the influx in demand, he noted in a recent post, purchasing more powerful hardware to upgrade Mastodon’s database server.

Thousands Have Joined Mastodon Since Twitter Changed Hands. Its Founder Has a Vision for Democratizing Social Media

Billy Perrigo
Sun, November 6, 2022 

Eugen Rochko, founder of Mastodon 

Credit - Courtesy of Eugen Rochko/Mastodon

As Twitter changed hands at the end of October, another very similar social media site was experiencing something of an influx.

Mastodon, a decentralized microblogging site named after an extinct type of mammoth, recorded 120,000 new users in the four days following billionaire Elon Musk’s acquisition of Twitter, its German founder Eugen Rochko tells TIME. Many of them were Twitter users seeking a new place to call their online home.

Read More: Deleting Twitter After Elon Musk’s Takeover? Try These Alternatives

Those users, whether they knew it or not, were following in the footsteps of Rochko, 29, who began coding Mastodon in 2016 after becoming disillusioned with Twitter. “I was thinking that being able to express myself online to my friends through short messages was very important to me, important also to the world, and that maybe it should not be in the hands of a single corporation,” Rochko says. “It was generally related to a feeling of distrust of the top down control that Twitter exercised.”

Mastodon, which proudly proclaims it is “not for sale” and has around 4.5 million user accounts, is pretty similar to Twitter, once users get past the complicated sign-up process. The main difference is that it’s not one cohesive platform, but actually a collection of different, independently-run and self-funded servers. Users on different servers can still communicate with each other, but anybody can set up their own server, and set their own rules for discussion. Mastodon is a crowdfunded nonprofit, which funds the full-time work of Rochko—its sole employee—and several popular servers.

The platform doesn’t have the power to force server owners to do anything—even comply with basic content moderation standards. That sounds like a recipe for an online haven for far-right trolls. But in practice, many of Mastodon’s servers have stricter rules than Twitter, Rochko says. When hate-speech servers do appear, other servers can band together to block them, essentially ostracizing them from the majority of the platform. “I guess you could call it the democratic process,” Rochko says.
More from TIME

The recent influx from Twitter, Rochko says, has been a vindication. “It is a very positive thing to find that your work is finally being appreciated and respected and more widely known,” he says. “I have been working very, very hard to push the idea that there is a better way to do social media than what the commercial companies like Twitter and Facebook allow.”

TIME spoke with Rochko on Oct. 31.

This interview has been condensed and edited for clarity.

What do you think of what Elon Musk is doing at Twitter?

I don’t know. The man is not entirely comprehensible. I don’t agree with a lot of his behaviors and his decision-making. I think that buying Twitter was an impulse decision that he soon regretted. And that he basically got himself into a situation that kind of forced him to commit to the deal. And now he’s in it, and he has to deal with the fallout.

I specifically disagree with his stance on free speech, because I think that it depends on your interpretation of what free speech means. If you allow the most intolerant voices to be as loud as they want to, you’re going to shut down voices of different opinions as well. So allowing free speech by just allowing all speech is not actually leading to free speech, it just leads to a cesspit of hate.

I think that is a very uniquely American idea of creating this marketplace of ideas where you can say anything you want completely without limits. It is very foreign to the German mindset where we, in our Constitution, our number one priority is maintaining human dignity. And so, hate speech is not part of the German concept of free speech, for example. So I think that when Elon Musk says that everything’s gonna be allowed, or whatever, I generally disagree with that.

How do you ensure on Mastodon, given that it’s decentralized and you don’t have the power to ban users, that the space is welcoming and safe?

Well, this is the kind of strange dichotomy of how it’s turned out. On the one hand, the technology itself is what allows basically anyone to host their own independent social media server, and to basically be able to do anything they want with it. There is no way for Mastodon, the company, or anyone really—except the normal law enforcement procedures—to really go after anyone specifically running a Mastodon server. The way that you would shut down a normal web site is how you would shut down a Mastodon server, there’s no difference there. So on that end, it kind of turns out to be the ultimate free speech platform. But obviously that’s basically just a side effect of creating a tool that can be used by anyone. It’s kind of like cars. Cars are used by everyone, even bad people, even for bad purposes, there’s nothing you can do about it, because the tool is out there. However, I think that the differentiating factor to something like Twitter or Facebook, is that on Mastodon, when you host your own server, you can also decide what rules you want to enforce on that server, which allows communities to create safer spaces than they could otherwise have on these large platforms that are interested in serving as many people as possible, perhaps driving engagement up on purpose to increase time people spend on the web.

You can have communities that have much stricter rules than Twitter has. And in practice, a lot of them are [stricter]. And this is part of where, again, the technology intersects with guidance or leadership from Mastodon the company. I think that, through the way that we communicate publicly, we have avoided attracting a crowd of the kind of people who you would find on Parler or Gab, or whatever other internet hate forums. Instead we’ve attracted the kind of people who would moderate against hate speech when running their own servers. Additionally, we also act as a guide for anyone who wants to join. Because on our website, and our apps, we provide a default list of curated servers that people can make accounts on. And through that, we make sure that we curate the list in such a way that any server that wants to be promoted by us has to agree to a certain basic set of rules, one of which is that no hate speech is allowed, no sexism, no racism, no homophobia, or transphobia. And through that, we ensure that the association between Mastodon, the brand, and the experience that people want is that of a much safer space than something like Twitter.

But what happens if hateful people do set up a server?

Well, obviously, they don’t get promoted on our “Join Mastodon” website or in our app. So whatever they do, they do on their own and completely separately, and the other administrators that run their own Mastodon servers, when they find out that there’s a new hate speech server, they may decide that they don’t want to receive any messages from the server and block it on their end. Through, I guess you could call it the democratic process, the hateful server can get ostracized or can get split off into basically, a little echo chamber, which is, I guess, no better or worse than them being in some other echo chamber. The internet is full of spam. It’s full of abuse, of course. Mastodon provides the facilities necessary to deal with unwanted content, both on the user end and on the operator end.

What made you want to go into building a service like this back in 2016?

I remember that I was just not very happy with Twitter, and I was worried where it was going to go from there. Something very questionable was in its future. That got me thinking that, you know, being able to express myself online to my friends through short messages was actually very important to me, important also to the world, and that maybe it should not be in the hands of a single corporation that can just do whatever it wants with it. I started working on my own thing. I called it Mastodon because I’m not good at naming things. I just chose whatever came to my mind at the time. There was obviously no ambition of going big with it at the time.

It must feel pretty special to see something that you made grow from nothing to where it is now.

Indeed, it is. It is a very positive thing to find that your work is finally being appreciated and respected and more widely known. I’ve been fighting for this for a long time, I started working on Mastodon in 2016, back then I had no ambitions of it going far at all. It was very much a hobbyist project at the start, then when I launched publicly it seemed to strike a chord with at least the tech community and that’s when I got the original Patreon supporters that allowed me to take on this job full time. And from then on I have been working very, very hard to make this platform as accessible and as easy to use for everyone as possible. And to push the idea forward, that there is a better way to do social media than what the commercial companies like Twitter and Facebook allow.