A six-year-old girl has been taken from her California foster home and placed with relatives in Utah for being 1.5% Choctaw Native American, and Fox News Senior Judicial Analyst Judge Andrew Napolitano says it’s unconstitutional for the government to make decisions based on race.
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“I have difficulty discussing percentage of racial stock. This is America in 2016, this is the worst part of our history and it’s being revived because of this statute and its enforcement by federal and state authorities in California,” he told the FOX Business Network’s Stuart Varney.
The child was initially removed from her biological Native American family and placed in custody of the California foster family because her father had a criminal record of violence and her mother was a drug user. However, a law that went into effect in 1978 states that when a child is placed in foster care of a non-Native American, it is presumed that it’s in the best interest of the child to be back with the Native Americans.
“The state has all the presumptions and all the benefits because of the way this horrific racially orientated agitated law has been written. Now they’ve got to appeal this but you’re telling me that’s in the best interest of a child?”
Judge Nap says the chance of the foster family winning the child back is very slim.
“You’d have to have a judge with the courage to declare that statue unconstitutional,” he said.