The Supreme Court has upheld a federal law designed to keep Native American children connected to Native American families in custody and adoption proceedings.
A 7-2 majority of justices rejected challenges to the Indian Child Welfare Act from several states and White families who were seeking to permanently adopt Native children. They had argued they are being discriminated against and disadvantaged, in violation of equal protection guarantees in the Constitution.
"They argue that it exceeds federal authority, infringes state sovereignty, and discriminates on the basis of race," Justice Amy Coney Barrett wrote in the court's opinion for the case of Haaland v. Brackeen. "The United States, joined by several Indian Tribes, defends the law. The issues are complicated… .But the bottom line is that we reject all of petitioners’ challenges to the statute, some on the merits and others for lack of standing."
