>> Ted: NEXT ON ARIZONA HORIZON, THE SUPREME COURT CONSIDERS A CASE THAT COULD OVERTURN THE INDIAN CHILD WELFARE ACT AND AN EFFORT TO ATTRACT MORE PEOPLE OF COLOR TO THE FIELD OF LIBRARY SCIENCE.

AS RAILROADED YESTERDAY, THE MARICOPA COUNTY BOARD OF SUPERVISORS CERTIFIED BY A UNANIMOUS VOTE AFTER COMPLAINTS AND THREATS FROM TRUMP SUPPORTING ELECTION DENIERS.

THE CANVAS SHOWED AMONG OTHER THINGS THAT VOTER TURNOUT WAS AT 64.2% AND THAT'S THE SECOND HIGH ET FOR THE MIDTERM IN THE LAST FOUR YEARS AND ONLY 2018 WAS HIGHER BY 3/10thS OF10thS.

THE AVERAGE WAIT TIME IN MARICOPA COUNTY WAS TREE THREE TO SIX MONTHS WITH REPORTING TIMES OF 15 MINUTES OR LESS.

AND IT TOOKING 13 DAYS TO COUNT BALLOTS IN MARICOPA COUNTY AT THE COUNTY AVERAGE DATING BACK TO 2006.

>>> PRESIDENT BIDEN MET WITH CONGRESSIONAL LEADS TO AVERT A RAIL STRIKE THAT IS SCHEDULED TO HIT DAYS BEFORE CHRISTMAS AND THEY AGREED CONGRESS NEEDS TO DO SOMETHING TO AVOID A STRIKE AND BERNIE SANDERS IS NOT ENTIRELY ON BOARD WITH THAT MINDSET.

>> YOU HAVE WORKERS ALL OVER THIS COUNTRY WHO WORK FOR THE RAILROADS AND PEOPLE WORKING DANGEROUS JOBS IN INCLEMENT WEATHER HAVE ZERO PAID SICK LEAVE AND THAT IS OUTRAGEOUS AND I THINK IT'S INCUMBENT UPON CONGRESS TO DO EVERYTHING THAT HE CAN TO PROTECT THESE WORKERS TO MAKE SURE THE RAILROAD STARTS TREATING THEM WITH RESPECT AND DIGNITY THEY DESERVE.

>> SPEAKER OF THE HOUSE, NANCY PELOSI, PLANS TO HAVE LEGISLATION ON THE HOUSE FLOOR AS EARLY AS TOMORROW MORNING.

>>> A NEW STUDY SHOWS GUN DEATH RATES INCREASED DURING THE PANDEMIC AND THE RECORD NUMBER OF DEATHS FOUND THAT GUN DEATHS WENT UP 25% FROM 2019 TO 2021 AND 86% OF ALL FIREARM DEATHS WERE MEN.

AS FOR DEMOGRAPHIC, THE RATE OF DONEGUN DEATHS AMONG BLACK MEN WAS HIGHER.

THE STUDY WAS PUBLISHED BY THE JOURNAL OF THE AMERICAN MEDICAL ASSOCIATION.

>>> THE U.S. SUPREME COURT IS CONSIDERING A CASE THAT COULD POTENTIALLY OVERTURN THE INDIAN CHILD WELFARE ACT GIVING REFERENCE TO NATIVE AMERICANS AND THE ADOPTION OF AMERICAN INDIAN CHILDREN AND JOINING US TO TALK ABOUT THIS CASE IS ASU LAW PROFESSOR IS TREVOR REED.

GOOD TO HAVE YOU.

>> A PLEASURE.

>> Ted: LET'S START WITH THE INDIAN CHILD WELFARE ACT AND GIVES US AN IDEA OF WHAT THIS IS.

>> THIS WAS SPECIFICALLY PASSED TO FIX A PROBLEM HAPPENING IN INDIAN COUNTRY.

BY THE 1970S, WE WERE SEEING A HUGE ECHO DOES OF TRIBAL LANDS AND STATE COURT PROCEEDINGS WITH CHILD CUSTODY ISSUES AND ADOPTION PROCEEDINGS, FOSTER CARE PROCEEDINGS AND CHILDREN WERE REMOVED AT RATINGS OF 20% 25% TO 35% AND THE RATE REMOVED 22 TIMES THE AMOUNT OF OTHER POPULATION GROUPS AND CONGRESS STEPPED IN TRYING TO FIX THE PROBLEM AND CREATED A PACKAGE OF RIGHTS THAT NATIVE FAMILIES COULD USE TO REMOVE THEIR CHILDREN AND BALANCE OUT THESE EFFORTS THAT WERE UNDERWAY.

>> Ted: IT SOUNDED LIKE ONE OF THE RIGHTS, YOU HAVE TO HAVE A TRIBAL COURT ONLY IN ADOPTION PROCEEDINGS, NOT STATE COURTS, CORRECT?

>> IT DIVIDED UP THE JURISDICTION AND IN MANY CASES, PRIMARILY WITH STATE COURTS BEFORE.

SO NOW TRIBAL COURTS HAVE TRIBAL JURISDICTION ON TRIBAL LANDS AND STATE COURTS CONTINUE TO HAVE JURISDICTION OFF OF TRIBAL LANDS AND STATES HAVE CERTAIN RULES WHEN IT COMES TO THESE PROCEEDINGS.

>> Ted: THERE WERE A NUMBER OF CASES INVOLVED HERE, CORRECT?

OR WAS THIS A GROUP OF CASES?

>> SELF-DIFFERENT FAMILIES CHALLENGING THE CONSTITUTIONALITY AND A NUMBER OF STATES THAT JUMPED IN AND, FOR EXAMPLE, TEXAS IS THE LEAD CASE HERE AND LOUISIANA AND A FEW OTHERS.

>> Ted: WHAT ARE THERE ARGUMENTS?

>> FIRST OF ALL, WHETHER OR NOT THERE'S OVERREACHAND THAT'S FOUNDATIONAL AND REVERSE RACISM AND THE CONSTITUTION DOESN'T ALLOW THIS KIND OF A THING.

>> Ted: IT SOUNDED TO ME THERE WERE FOUR BASIC THINGS GOING ON HERE AND I WANT TO GO THROUGH THIS ONE BY ONE AND TOUCH ON WHAT YOU DID.

INITIALLY, THEY'RE SAYING THAT THE LAW GIVES CONGRESS TOO MUCH POWER ON THIS ASPECT OF SOCIETY.

IS THAT TRUE?

>> THIS IS WHAT THE CASE IS TRYING TO CHALLENGE AND IT'S DISTURBING FOR THOSE OF US THAT PRACTICE INDIAN LAW.

WE BELIEVED THAT INDIAN LAW HAS BEEN IN THE DOMAIN OF THE FEDERAL GOVERNMENT EXNOT STATES.

AND NOT STATES.

THE FEDERAL LAW CAN WHAT RIGHTS INDIGENOUS PEOPLES HAVE.

BUT THE STATES HERE AND THE FAMILIES ARE TRYING TO SAY THAT, WELL, YOU KNOW THAT ISN'T WHAT THE CONSTITUTION INTENDED.

THE CONSTITUTION INTENDED CONGRESS WOULD HAVE THIS LIMITED POWER JUST TO COMMERCE WITH TRIBES AND MAYBE ALSO TO PROTECT THEM, BUT NOT IN THE AREA OF FAMILY LAW.

>> Ted: ONE, TENTH AMENDMENT ARGUMENTS THERE?

>> IN PART, WE'RE TALKING ABOUT SOME OF THE AMENDMENTS TO THE CONSTITUTION, ESPECIALLY THE FIFTH AMENDMENT IS A BIG ONE AND ONE OF THE BIGGEST ARGUMENTS THEY'RE MAKING IS AN IN ARTICLE 1 OF THE CONSTITUTION, THE INDIAN COMMERCE CLAUSE SAYING THAT CONGRESS CAN REGULATE COMMERCE BETWEEN TRIBES AND THE UNITED STATES AND SO THE PARTIES ARE ARGUING THAT, WELL, CHILDREN AREN'T COMMERCE.

THIS IS FAMILIES.

AND THAT FALLS OUTSIDE OF THAT POWER.

>> Ted: INTERESTING.

DOES THE LAW, THOUGH, VIOLATE EQUAL PROTECTION GUARANTEES?

>> AND THAT IS ONE OF THE BIGGEST QUESTIONS THAT THIS CASE IS TRYING TO RAISE, RIGHT?

YOU KNOW, SHOULD WE HAVE A LAW THAT ACTUALLY GIVES REFERENCE TO NATIVE AMERICANS AS OPPOSED TO OTHER POPULATIONS, RIGHT?

IF YOU HAVE A WHITE FAMILY THAT WANTS TO ADOPT A NATIVE AMERICAN CHILD, SHOULD THEY BE LAST IN LINE TO DID THAT AND VIOLATE THE FOUNDATIONAL PRINCIPLES?

WHAT THE RESPOND ANS AREENTS ARE SAYING, WE'RE TALKING ABOUT A POLITICAL CARRY, TRIBAL NATIONS IS WHAT WE'RE TALKING ABOUT.

AND THOSE CAN BE TREATED DIFFERENTLY BECAUSE THEY ARE NATIONS THAT PREDATED THE CONSTITUTION.

SO THEY DESERVE SPECIAL PROTECTIONS.

THEY DESERVE TO HAVE THEIR RIGHTS UPHELD AND STATES SHOULD RESPECT THOSE RIGHTS.

>> Ted: SO MEMBERSHIP IN A TRIBE WOULD HOLD SWAY OVER RACIAL?

>> YES, MEMBERSHIP IN A TRIBAL NATION HAS NOTHING TO DO WITH THE COLOR OF YOUR SKIN.

AND SO WHAT WE'RE TALKING ABOUT HERE ARE CITIZENS RATHER THAN JUST NATIVE AMERICANS AS A RACIAL GROUP.

>> Ted: BUT THE IDEA -- AND YOU KIND OF TOUCHED ON THIS, BUT MORE OF THE IDEA THAT THE LAW UNDERMINES THE STATE'S RESPONSIBILITIES IN TERMS OF THESE PARTICULAR CASES, IT SEEMS LIKE IT'S SOMEWHAT OF A GRAY AREA HERE.

YOU HAVE THE STATES RESPONSIBLE OFF TRIBAL LANDS AND SAYING ALL THE WAY ACROSS STATES SHOULD BE RESPONSIBLE EVEN ON TRIBAL LANDS?

>> I DON'T KNOW IF THE PARTIES ARE ARGUING STATES SHOULD BE RESPONSIBLE EVEN ON TRIBAL LANDS.

I THINK THEY'RE SAYING STATES SHOULD BE ABLE TO DESIGN THEIR OWN FRAMEWORKS FOR PROCEEDINGS AND THE FEDERAL GOVERNMENT SHOULD STAY OUT OF IT.

THEY SHOULD DECIDE WHAT'S IN THE BEST INTERESTS OF THE CHILD.

RIGHT NOW THE FEDERAL GOVERNMENT HAS DECIDED OR AT LEAST HAS GIVEN THEM ADVICE ON WHAT IS IN BEST INTERESTS OF THE CHILD.

>> Ted: WHAT PRECEDENT IS INVOLVED HERE?

>> RIGHT NOW, WE HAVE FEDERAL REGULATIONS THAT GIVES US THESE CRITERIA WHERE CHILD PLACEMENT SHOULD HAPPEN.

THE FIRST, OF COURSE, WITH THE PARENTS AND THE FAMILY AND THEN TO THE EXTENDED FAMILY, TO THE TRIBE AND THEN TO OTHER TRIBAL NATIONS, FAMILIES LOCATED THERE AND THOSE AREN'T AFFILIATED WITH THE TRIBE.

THIS IS THE PLAINTIFFS IN THIS CASE HAVE, IS THAT THEY WOULD RATHER NOT IS THAT FRAMEWORK AND THEY WOULD RATHER HAVE JUDGES DECIDE WHERE THE CHILDREN SHOULD GO BASED ON THEIR ATTACHMENTS TO FAMILIES AND NOT TAKE INTO ACCOUNT TRIBAL CITIZENSHIP.

>> Ted: WE'VE HAD ORAL ARGUMENTS IN THIS CASE AND WHAT DID YOU HEAR AND WHAT SIDE IS THE SUPREME COURT SWAYING ON HERE?

>> IT'S A HARD ONE.

WITH THE SUPREME COURT AS DIVIDED AS IT IS, IT'S HARD TO PREDICT.

BUT I THINK WHAT WE CAN SAY IS THAT SOME OF THE CORE TENANTS OF INDIAN LAW, TO LEGISLATE IN THIS YEAR, IT SEEMS THE JUSTICES, THE MAJORITY OF THEM ARE ON BOARD WITH THAT, THAT THE ARTICLE 1 POWER, THE ABILITY OF CONGRESS TO LEGISLATE HERE IS OK.

I THINK WHERE WE'RE SEEING CHALLENGES ARE IN WHETHER OR NOT THIS KIND OF A LAW IS DICTATING TOO MUCH WHAT STATES HAVE TO DO.

>> Ted: YES.

>> I THINK THAT'S ONE OF THE CHALLENGES THAT AMY BARRETT HAS SUPPOSED, TOO MUCH OF A FEDERAL OVERREACH INTO WHAT STATES ARE DOING.

WE SAW QUITE A BIT OF DISCUSSION ABOUT WHETHER THIS IS JUST A RACIAL PREFERENCE DISGUISED AS A PREFERENCE FOR TRIBAL CITIZENS.

>> Ted: ANY TALK OF WHY THE LAW IS NECESSARY IN TERMS OF PROTECTING AMERICAN INDIAN KIDS?

I MEAN, I THOUGHT I READ SOMEWHERE THAT THE PLAINTIFFS WERE SAYING, YOU KNOW, IT IS POSEDSUPPOSED TO PROTECT THESE KIDS AND NOT PROTECTING THEM FROM FAMILIES AND VIOLENCE AND IS THAT AT MAY HERE?

>> THOSE POLICY-MAKING ISSUES ARE THINGS CONGRESS IS SUPPOSED TO BE DEALING WITH AND JUSTICES WERE CONE KEEN TO SEPARATE OUT.

SOME ARE BETTER LEFT FOR THE PEOPLE ACROSS THE STREET.

THAT'S PROBABLY TRUE.

WHAT WE'LL SEE IS THE JUSTICES LOOKING AT THE FOUNDATIONAL ISSUES AND MAKING DECISIONS OR THEY MAY SAY, WE NEED TO WAIT FOR ANOTHER CASE THAT HAS ACTUAL FACTS ON THE GROUND THAT WE CAN DEAL WITH.

>> Ted: THIS ONE OF THE CASES THEY MAY JUST PUNT?

>> IT'S POSSIBLE AND WE'LL HAVE TO WAIT AND SEE.

>> Ted: TREVOR REED, CONNOR COLLEGE OF LAW, GREAT INFORMATION AND GOOD DISCUSSION.

THANKS FOR JOINING US.

>> THANK YOU.

>> Ted: UP NEXT, A ROBOT THAT HELPS CHILDREN WITH CEREBRAL PALSY.

THE ZERO G GATE IS DESIGNED TO PROVIDE REHABILITATION OPPORTUNITIES FOR THOSE WITH DISABILITIES, ESPECIALLY WITH CHILDREN WHO CEREBRAL PALSY AND WE WELCOME THE DIRECTOR OF EARLY LEARNING AND A PARENT WHOSE DAUGHTER USES THIS PROGRAM.

THANK YOU FOR JOINING US.

I'M GOING TO START WITH THE BASICS, VALERIE.

CEREBRAL PALSY CP, WHAT IS THAT?

>> CEREBRAL PALSYCEREBRAL PALSY IS A COMMON MOTOR DISORDER AND USUALLY RELATED TO AN INJURY TO THE BRAIN, IN-UTERO AND AN ABNORMALITY AND THERE ARE MANY DIFFERENT TYPES OF CEREBRAL PALSY.

>> Ted: WE'LL GET TO NICOLE AND HER DAUGHTER IN A MOMENT, BUT THERE'S A WHOLE RANGE OF ISSUES HERE, TRUE?

>> YES.

THE SEVERITY CAN BE DIFFERENT AND THE MOST COMMON IS A SPASTIC CHILD CEREBRAL PALSY AND ALSO DIFFERENT PARTS OF THE BODY CAN BE AFFECTED BY THE CEREBRAL PALSY, VERY DIFFERENT.

>> Ted: THE ZERO G GAIT AND TRAINING SYSTEM, WHAT IS THAT?

>> FOR CHILDREN WITH CEREBRAL PALSY AND WE TALKED ABOUT -- THIS IS A ROBOTIC GAIT TRAINER IN OUR GYM AT THE NORTH CAMPUS AND WHAT THIS DOES, WE HARNESS THE CHILDREN UP AND THE ROBOT IS ABLE TO MONITOR AND FACILITATE MOVEMENT OF THE CHILD'S MOVEMENT.

>> Ted: THE CHILD WE'RE LOOKING AT IS YOURS AND TALK TO US ABOUT ALEXANDER AND WHAT HAPPENING?

>> SHE'S LEARNING TO WORK WITH HER INCREDIBLE THERAPIST AND SHE'S ALMOST 8 AND SHE'S LEARNING THE GAIT PATTERN AND LEFT, RIGHT, LEFT RIGHT AND WALKING FOR YOU AND I IS AN EASY THING AND WE'RE BORN WITH THE INNATE ABILITY TO WORK.

ALEXANDER, SHE WASN'T AND THAT ONE MISSING GENE, SHE DOESN'T HAVE THAT INNATE ABILITY AND EVERY STEP, SHE'S HAVING TO TRAIN HER BRAIN, TO TRAIN HER MUSCLES AND TELL HER BODY TO MOVE AND SHE'S ONE STEP CLOSER TO WALK.

>> Ted: THE ZERO G, IF WE LOOK LIKE A BODY WEIGHT SUPPORT SYSTEM AND NO GRAVITY INVOLVED HERE?

>> IT HELPS TO SUSPEND HER WEIGHT AND SAY 80% OF WEIGHT IS SUPPORTED BY THE ZERO G ROW ROBOT AND SHE DOESN'T HAVE TO LEARN MUCH TO WALK.

WE'VE GOTTEN IT DONE TO UNDER 10%.

JUST IN A SHORT AMOUNT OF TIME SINCE THE ROBOT IS INSTALLED, FROM 60 TO UNDER 10, WHICH MEANS SHE IS SUPPORTING 90% OF HER BODY WEIGHT AS SHE TAKES THOSE STEPS.

>> Ted: YOU HEAR MORE OF THOSE SUCCESS STORIES?

>> WE'RE SEEING CHILDREN ABLE TO WALK, HOLDING PARENT'S HANDS AND THAT WASN'T PREVIOUSLY SOMETHING THEY COULD DO.

THEY WALK DOWN THE HALL IN THEIR HOUSE.

AND I TELL YOU MORE THAN I DREAMED.

>> Ted: WHEN YOU STARTED THIS, HOW THIS WHOLE THING WAS STARTED AND CREATED, WHAT WAS THE VISION AND IS THIS WHAT YOU ENVISIONED?

>> JUST SO YOU KNOW, MORE THAN I ENVISIONED.

CHILDREN WITH MOTOR DISORDERS HAVE NOT BEEN SERVED WELL IN OUR STATE AND EVEN IN THE SOUTHWEST AND SO, WE BECAME REALLY CONVINCED THAT WE NEEDED TO BE THAT PLACE AND THE MORE THIS HAS EREVOLVED, THE ZERO G HAS BEEN A KOONCONDUIT TO GET THE PUBLIC'S ATTENTION AND CHILDREN ARE WALKING.

>> Ted: THE REHABILITATION ASPECT, IT'S JUST AMAZING TO THINK THAT THINGS ARE HAPPENING UP HERE AND HAPPENING DOWN HERE AND IT'S CAUSING REALLY, REALLY APPROPRIATIONING ANDPROMISING AND ENCOURAGING RESULTS.

>> BEFORE A SYSTEM LIKE THIS, YOU HAD TO RELY ON A GAIT TRAINER AND NO SUSPENSION AND IT WAS UP TO THE CHILD TO SUPPORT THEIR BODY WEIGHT AND HOLDING THE ARM REST OF THE GAIT TRAINER AND PROPELLING THEIR BODY.

WITH THIS SYSTEM, SHE CAN FEEL CONFIDENT AND FEEL SAFE AS SHE'S LEARNING TO WALK.

YOU AND I AND BABIES ARE LEARNING TO WALK AND HAVE SAFETY RENEXTS ANDREFLEXES, THEY PUT THEIR ARMS OUT.

THIS IS A SAFE OPPORTUNITY FOR HER TO LEARN TO WALK.

AT THE AIM SAME TIME, SHE'S LEARNING TO SPEAK AND LEARNING TO PICK UP OBJECTS AND THEY HAVE PROVIDED SO MANY THINGS TO FIND HER LEGS.

>> Ted: HOW DID YOU FIRST HEAR ABOUT THIS?

>> THEY WERE A BLESSING THAT HAS JUST FALLEN INTO OUR FAMILY'S LIVES.

WHEN SHE WAS 1 12 MONTHS OLD, SHE WAS DIAGNOSED WITH PITT HOPKINS AND THEY DELIVER THE NEWS AND YOU GOOGLE IT AND OH, MY GOSH, YOU MAY NEVER WALK.

THEY'RE FOUR MILES AWAY FROM THE HOUSE.

SHE'S EVALUATED AND BEEN AT UPC EVERY WEEK SINCE.

>> Ted: WHAT KIND OF REACTION DOES SHE HAVE WALKING ACROSS THE FLOOR AND DOING MORE THIS DAY THAN SHE COULD A PREVIOUS DAY?

>> OH, MY GOSH, SHE'S BEAMING AND I MEAN, YOU KNOW, SHE KNOWS HOW HARD SHE'S HAD TO WORK FOR THIS AND HOW HARD HER CAREGIVERS AND THOSE WHO LOVE HER DEARLY AND EVERYONE KNOWS HOW SPECIAL SHE IS AND WITHOUT SAYING A WORD, SHE'S CHANGED SO MANY LIVES AND TAUGHT US TO SIT BACK AND ENJOY THESE INCH STONES, AS WE CALL THEM.

LEARNING TO STAND IS REALLY MORE DIFFICULT THAN WALKING AND THROUGH THIS, SHE'S LEARNING HOW TO DO THAT AND SO WE'RE SO INCREDIBLY JUST GRATEFUL TO UPC AND THEIR THERAPY TEAM.

>> Ted: HOW MANY CHILDREN ARE INVOLVED HERE AND, OBVIOUSLY, HOW MANY KIDS AND LIVES HAVE YOU CHANGED?

>> SO IN OUR THERAPY CLINICS, WE SERVE 520 CHILDREN AND WITH THE MOTOR DISORDER CLINIC, IT'S GROWING RAPIDLY AND THIS IS A VALIDATION THAT IT'S A NEED AND I'M EXCITED AS THE DIRECTOR TO SERVE THOSE KIDS AND BRING THEM IN AND BE THAT PLACE FOR THEM.

>> Ted: MUST BE VERY REWARDING?

>> YES, I LOVE MY JOB!

>> Ted: I BET YOU DO.

CONGRATULATIONS AND IT SOUNDS LIKE SHE'S GOT A LOT OF WORK AHEAD AND THINGS ARE HAPPENING AND THANK YOU FOR TELLING US ABOUT THE PROGRAM.

>> Ted: AND THAT IS IT FOR NOW.

I'M TED SIMONS.

THANK YOU FOR JOINING US AND YOU HAVE A GREAT EVENING.

IN THE NEXT HALF HOUR ON ARIZONA PPS,BS, WHERE THE STATE WILL CHARGE ELECTRIC CARS.

- Another powerful edition of Arizona Horizon.

That has been a part of the news >> OTHER POWERFUL EDITION OFS OF ARIZONA HORIZON.

WHEN I CAME TO ARIZONA BACK IN 1988 AS A YOUNG JOURNALIST IN LAKE HAVASU CITY, I WAS WATCHING MICHAEL GRANT AND NOW IT'S.

>> Ted: TED SIMONS AND TED IS GETTING THE KINDS OF ANSWERS WE WISH WE CAN GET.

IT'S POWERFUL NEWS AND PUBLIC AFFAIR'S AND COVERING IMPORTANT ISSUES LIKE AT THE ARIZONA LEGISLATURE AND NOBODY DOES THAT BETTER AND HERE WE ARE GOING INTO ELECTION SEASON AGAIN AND ARIZONA HORIZONt.

AND ARIZONA PBS, FLAT OUT THE BEST ELECTION COVERAGE YOU CAN POSSIBLY GET.

IT'S RIGHT HERE.

SO GIVES US A CALL, TEXT US OR GO ONLINE AND SHOW YOUR SUPPORT FOR ARIZONA