Supreme Court rejects challenge to Indian Child Welfare Act

Published: Jun. 15, 2023 at 1:26 PM AKDT
Email This Link
Share on Pinterest
Share on LinkedIn

WASHINGTON (Gray DC) - In a 7-2 decision, the U.S. Supreme Court upheld a 1970′s law to “protect the best interests of Indian Children.” It is known as the Indian Child Welfare Act, or ICWA.

ICWA was challenged because, when it comes to foster care and adoption of tribal kids, it favors Native American families or tribes in child custody cases.

Chad and Jennifer Brackeen of Texas were one of several white foster couples who had petitioned the court, claiming ICWA is a form of racial discrimination. Native Americans said the law protects their way of life.

Justice Amy Coney Barrett wrote the majority opinion, upholding a lower court ruling that the ICWA does not violate several provisions of the Constitution.

President Biden praised the ruling because “it keeps in place a vital protection for tribal sovereignty and Native children.”