The Supreme Court Just Handed Native Families a Huge Victory – By Julia Lurie (Mother Jones) / June 15, 2023
“Our Constitution…promises [tribes] sovereignty for as long as they wish to keep it.”
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The Supreme Court on Thursday upheld the Indian Child Welfare Act, the landmark 1978 legislation aimed at preventing Native foster children and adoptees from being separated from their families and tribes. The ruling in Haaland v. Brackeen represents a victory for Native tribes, who argued that the case threatened the basic tenets of Native sovereignty, and a blow to the plaintiffs—the state of Texas and three non-Native couples who wanted to adopt Native children—who argued to overturn the law based on racial discrimination and an overly intrusive federal government.
“This case is about children who are among the most vulnerable: those in the child welfare system,” wrote Justice Amy Coney Barrett in the majority opinion. “The bottom line is that we reject all of petitioners’ challenges to the statute, some on the merits and others for lack of standing.” Justices Clarence Thomas and Samuel Alito dissented.
The Indian Child Welfare Act (ICWA) requires states to make proactive efforts to place Native children with family members, members of the same tribe, or other Native families. In addition, the law allows tribes to intervene in foster placement and adoption decisions.
CONTINUE > https://www.motherjones.com/politics/2023/06/native-icwa-brackeen-haaland-supreme-court-sovereignty/
