Washington Examiner

Supreme Court prioritizes tribal families for Native adoptions.

The Supreme Court Upholds Federal Law Protecting Native American Children

The Supreme Court made a significant decision on Thursday, upholding a federal law aimed at rectifying past injustices and prioritizing the foster care and adoption of Native American children by their relatives and tribes.

In the case of Haaland v. Brackeen, the justices examined the 1978 Indian Child Welfare Act, which was enacted to address a troubling history. Native American children were forcibly taken from their homes and placed with white families or in group homes through adoption agencies.

“Before us, a birth mother, foster and adoptive parents, and the State of Texas challenge the Act on multiple constitutional grounds. They argue that it exceeds federal authority, infringes state sovereignty, and discriminates on the basis of race,”

The 7-2 majority opinions, written by Justice Amy Coney Barrett, upheld the law in its entirety. Justices Clarence Thomas and Samuel Alito dissented.

The ICWA faced challenges from various individuals and three states, including Texas. The plaintiffs contended that the law required state officials to prioritize racial discrimination over the best interests of the child, which they argued was unconstitutional.

On the other hand, tribes and their supporters maintained that the law was necessary to preserve their political distinctions and secure a future for the tribes.

This is a developing story and will be updated.



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