The Supreme Court on Thu. ruled to uphold the Indian Child Welfare Act (ICWA), affirming tribal nations' sovereignty.
In a 7–2 decision, the Court overturned a 2018 Texas federal court's ruling that the ICWA violated the Constitution. (AP)
What is the ICWA? Enacted in 1978, the ICWA ensures that Native American children are adopted by Native American families.
ICWA was enacted in wake of data showing that Native children were disproportionately removed from their families. (SJ)
Prior to ICWA, 25–35% of all Native children were removed from their homes and placed in foster homes or institutions. (SJ)
Of those removed from their homes, 90% were sent to non-Native homes, even when willing relatives were available. (NICWA)
ICWA was also enacted to uphold tribal sovereignty as recognized by treaty and affirmed through federal law. (NYT)
What was the case about? The case involved a Texas couple's efforts to adopt two Navajo children against the tribe's will.
The plaintiffs sought to overturn ICWA as unconstitutional, arguing that the law discriminated on the basis of race. (NYT)
In 2018, Texas Judge Reed O’Connor ruled in favor of the couple, striking down the law as unconstitutional. (NYT)
In her majority opinion, Justice Barrett said the Court rejected "all of petitioners’ challenges to the statute."