The latest constitutional challenge to Indian Child Welfare Law is ...

U.S. Supreme Court Holds the Indian Child Welfare Act Is ...

In 2019, ICWA was challenged as and held to be unconstitutional because it exceeded federal authority, infringed on state sovereignty, and ...

What Does the ICWA Ruling Mean for Native American Kids?

In a 7-2 decision, the Court chose not to resolve vital constitutional challenges to the Indian Child Welfare Act (ICWA), a federal law that ...

Supreme Court upholds Indian Child Welfare Act, stands on side of ...

The Supreme Court's decision to preserve the protections of the Indian Child Welfare Act is a major victory for Native children and Tribal ...

Sovereignty under attack - Native Governance Center

Haaland, the Supreme Court case challenging the Indian Child Welfare Act ... If the Court rules that ICWA violates the Constitution's equal ...

ACLU Applauds the Supreme Court's Decision Upholding the Indian ...

WASHINGTON — The Supreme Court today issued a landmark victory for tribal sovereignty by rejecting all the constitutional challenges to the ...

ICWA's Constitutionality Challenged and Review by the Supreme ...

On February 28, 2022 the US Supreme Court agreed to hear a case challenging the constitutionality of the Indian Child Welfare Act (ICWA).

Indian Child Welfare Act (ICWA)

Most recently, ICWA withstood a constitutional challenge in the 2023 United States Supreme Court case of Haaland v. Brackeen. In addition, Montana, through ...

Native American Rights Exception to Tenth Amendment Challenges

Congress passed ICWA on November 8, 1978 in response to the systematic forced separation of Native American children from their families.13Indian Child Welfare ...

Supreme Court upholds Indian Child Welfare Act - Choctaw Nation

The US Supreme Court upholds ICWA with a 7-2 vote, protecting Native American children from being removed from their tribal communities for ...

The Indian Child Welfare Act: Preserving Families Is in Children's ...

On February 28, 2022, the Supreme Court accepted one of the most consequential federal Indian law cases in decades, a direct constitutional ...

SCOTUS Will Decide Future of Indian Child Welfare Act

Haaland v. Brackeen consolidates four cases challenging multiple provisions of the Indian Child Welfare Act (ICWA) as unconstitutional....

Indian Child Welfare Act Resources - Tribal Court Clearinghouse

The Indian Child Welfare Act (ICWA) is as a federal law passed in 1978 in response to the alarmingly high number of Indian children being removed from their ...

Celebrating the Supreme Court Ruling on the Indian Child Welfare ...

"We are elated by the decision. This challenge to ICWA was in direct opposition to tribal sovereignty and the rights of AI/AN families and ...

Native Americans, Adoptions, and the Indian Child Welfare Act

Opponents of ICWA say that exceeds Congress' powers and violates the Equal Protection Clause of the 14th Amendment, by imposing unconstitutional ...

Is the Indian Child Welfare Act Constitutional? - CRS Reports

On August 9, 2019, the Fifth Circuit agreed that the plaintiffs in this case had standing to challenge ICWA, but reversed the district court's ...

Closely divided court scrutinizes various provisions of Indian Child ...

The Supreme Court appeared divided on Wednesday over the constitutionality of a 1978 law that regulates the adoption of Native American children ...

Supreme Court split over challenge to Indian Child Welfare Act

Challengers argue the ICWA "deprives children of an individualized assessment of their own best interests." Meanwhile, the defendants — the ...

US Supreme Court will hear challenge to Indian Child Welfare Act

The U.S. Supreme Court recently announced it will grant cert to, or hear, Brackeen v. Haaland, a case that challenges the Indian Child ...

Indian Child Welfare Act - Association on American Indian Affairs

The victory for ICWA in the Brackeen case has been an important recognition of the interpretation of federal Indian law that Congress has constitutional ...

Defending the Gold Standard: American Indian Tribes Fight to Save ...

Currently, the Supreme Court of the United States is poised to consider whether to grant certiorari to a block of cases challenging the ...