The Supreme Court appears likely to leave in place most of a federal law that gives preference to Native American families in foster care and adoption proceedings of Native children.
The justices heard more than three hours of arguments in a broad challenge to the Indian Child Welfare Act, enacted in 1978 to address concerns that Native children were being separated from their families and, too frequently, placed in non-Native Homes.
It has long been championed by tribal leaders as a means of preserving their families, traditions and cultures. But white families seeking to adopt Native children are among the challengers who say the law is impermissibly based on race, and also prevents states from considering those children’s best interests.
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Supreme Court divided on law that gives preference to Native families in adoption proceedingsThree of the court’s liberals strongly defended the law, but four of the court’s conservatives were skeptical of the race-based preferences in the Indian Child Welfare Act, saying they sometimes prevent adoptions that might be in the best interest of the child.
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Supreme Court weighs challenge to Native American adoption lawDecades-old law aimed at protecting Native American children and buttressing tribal identity goes before the Supreme Court on Wednesday.
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