Joette Katz, a partner with Shipman & Goodwin. Courtesy photo. SCOTUS Ruling Preserves Best Interests of Native American Children and Families
The high court dismissed the contention that ICWA goes beyond the power that the Constitution gives Congress in Article I, which authorizes Congress to "regulate commerce" with Indian tribes.
June 22, 2023 at 02:48 PM
9 minute read
CommentaryLast week the Supreme Court of the United States issued one of its most important decisions of the year, Haaland v. Brackeen, in which the court affirmed the constitutionality of the Indian Child Welfare Act (ICWA), a federal law that protects the well-being and best interests of Indian children and families. This was the U.S. Supreme Court's first ruling on ICWA since Adoptive Couple v. Baby Girl, the 2013 decision in which a 5-4 court ruled that a Cherokee father couldn't rely on ICWA to block his biological child's adoption. Since that time, the structure of the Supreme Court has changed, and eyes were on Justice Neil Gorsuch. In my view, he did not disappoint.
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