Takeaways From Tribes’ High Court Adoption Case Victory
Author, Law360, June 21, 2023
Last week, the U.S. Supreme Court handed down a significant victory to supporters of the Indian Child Welfare Act in Haaland v. Brackeen.
ICWA, enacted in 1978, tries to stop the forced assimilation of Native American children by putting in place several important safeguards that apply to adoption and foster care proceedings in state court.
In a 7-2 majority opinion authored by Justice Amy Coney Barrett, the court confirmed the constitutionality of ICWA on multiple grounds, affirming in part and overturning in part a decision from the U.S. Court of Appeals for the Fifth Circuit, which had ruled portions of the law unconstitutional.
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