SCOTUS Decision on Haaland v Brackeen

The Indian Law Resource Center is thrilled with the Supreme Court’s decision to uphold the Indian Child Welfare Act (ICWA). The constitutionality of ICWA was challenged on equal protection, congressional authority, and anti-commandeering grounds. A long history of case law, legislative intent, and course of dealing with tribal nations support the decision to uphold the law. The decision not only protects what has become the gold standard of child welfare, but it also recognizes tribal sovereignty and self-governance. While the decision is a crucial win for Indian children and tribes across the nation, the fight to protect Indian children and preserve tribal culture and sovereignty continues every day. Read the full opinion in Haaland v. Brackeen here