“Congress understood these children’s placement decisions as integral to the continued thriving of Indian communities,” said liberal Justice Elena Kagan, one of four who seemed strongly inclined today to uphold the Indian Child Welfare Act in its entirety.
The justices heard more than three hours of arguments in a broad challenge to the
Justice Brett Kavanaugh called the case difficult because the court is being called on to draw a line between tribal sovereignty and “the fundamental principle that we don’t treat people differently because of race, ethnicity or ancestry.” But none of the non-Native families involved in the case has been affected by the preference the conservative justices objected to, Justice Department lawyer Edwin Kneedler told the court.
Representing the non-Native families, lawyer Matthew McGill called on the court to strike down the law because it “flouts the promise of equal justice under law.”
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