Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Tuesday, September 14, 2021

Morongo, 3 other tribes ask U.S. Supreme Court to uphold Indian Child Welfare Act

From The San Bernadino Sun:

The Morongo Band of Mission Indians and four other tribes from across the nation have joined the federal government in petitioning the U.S. Supreme Court to uphold a law that gives adoption preference for American Indian children in state foster care to American Indian families.

In a petition filed Sept. 3, the tribes are essentially requesting that the high court leave intact the Indian Child Welfare Act, a law enacted in 1978 amid a trend that saw an “alarmingly high percentage” of American Indian children separated from their families by nontribal public and private agencies.

U.S. Secretary of the Interior Deb Haaland, who is of American Indian descent, also has petitioned the Supreme Court to uphold the law, while the state of Texas, on behalf of Chad and Jennifer Brackeen, have petitioned the high court to repeal the law, claiming it is unconstitutional.

ICWA has withstood legal challenges for more than 40 years, but in the past four years federal judges have been divided on its constitutionality.

Read more here

https://lawprofessors.typepad.com/family_law/2021/09/morongo-3-other-tribes-ask-us-supreme-court-to-uphold-indian-child-welfare-act.html

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