Staff Reports
The Indian Child Welfare Act was upheld by the Supreme Court in a 7-2 decision. It provides the priority to the tribes when it comes to placing Native children in adoptive or foster care.
When a Native child is placed in foster care or adoption, they must be placed with a family member from either their tribe or another tribe.
Amy Coney Barrett was appointed to write the majority opinion for the court. She was joined by other high court justices such as Chief Justice John Roberts, Elena Kagan, Ketanji Brown Jackson, and Neil Gorsuch. The two dissenting judges were Samuel Alito and Clarence Thomas.
Several groups sued the ICWA, claiming that it violated the 10th Amendment's anti-commandeering provision and that it discriminated against non-Natives based on their race. The federal government and the tribes that supported the law fended off these claims.
The ICWA was not in violation of the anti-commandeering clause of the 10th Amendment. Congress has the power to regulate the affairs and commerce of Native tribes. The majority opinion also stated that the ICWA does not discriminate against non-natives.
In his concurring opinion, Justice Gorsuch explained that the ICWA's goal is to keep Native children with their tribes. This is in response to the longstanding abuse and racial discrimination against Native tribes in the US. For instance, over the years, the state and federal governments have been systematically removing children from their tribes to break their tribal bonds.
The Indian Child Welfare Act has been vital in protecting the best interests of Native children, their families, and their communities for decades. Today’s Supreme Court ruling upholds the constitutionality of this law and respects tribal sovereignty. https://t.co/h7Aw9CefiK
— Elizabeth Warren (@SenWarren) June 15, 2023
Although he agreed with the majority opinion by Barrett, Justice Kavanaugh was disturbed by how the claims were not addressed. He stated that they were worthy of the court's consideration.
Several Native American groups who supported the law praised the Supreme Court's decision. They noted that it was a victory for the tribes and for the rule of law. They also said it reaffirmed the principles of the Constitution regarding the relationship between Congress and tribes.
The court's decision upholds the parental rights of Native American families and recognizes the value of their cultural traditions and heritage. The dissenting individuals, however, stated that the country needs more government and state authority.
Source: Conservative Institute
