ICWA upheld: U.S. Supreme Court rejects constitutional challenge

The U.S. Supreme Court rejected what many legal observers considered the most serious challenge to the Indian Child Welfare Act in the law’s 45-year history. With a 7-2 vote, the High Court overturns the Fifth Circuit Court of Appeals ruling that deemed some aspects of ICWA unconstitutional. In the majority opinion, Justice Amy Coney Barrett wrote “we reject all of petitioners’ challenges to the statute.”

The Native American Rights Fund issued a statement saying they are still reviewing the details of the decision but that they are “overcome with joy that the Supreme Court has upheld the Indian Child Welfare Act, which is widely regarded as the gold standard of child welfare.”

The National Congress of American Indians says, ” ICWA is crucial for the safety and well-being of Native children and families and the future of Native peoples and Tribal Nations. The positive impact of today’s decision will be felt across generations.”

The National Indian Health Board says “this victory comes after Indian Country joined together to support ICWA in a historically strong showing of unity.”

You can read the decision here.