Native American nations say the Supreme Court's rejection of a challenge to the Indian Child Welfare Act has reaffirmed their power to withstand threats from state governments.
a challenge to the Indian Child Welfare ActThey say the case conservative groups raised on behalf of four Native American children was a stalking horse for legal arguments that could have broadly weakened tribal and federal authority.
“It's a big win for all of us, a big win for Indian Country. And it definitely strengthens our sovereignty, strengthens our self-determination, it strengthens that we as a nation can make our own decisions,” Navajo Nation President Buu Nygren said Monday. released Thursday hardly touched on the children, who were supposed to be placed with Native foster families under the law.
Justice Amy Coney Barrett's majority opinion said these plaintiffs wrongly claimed that “the State gets to call the shots, unhindered by any federal instruction to the contrary.” “In adopting the Indian Child Welfare Act, Congress exercised that lawful authority to secure the right of Indian parents to raise their families as they please; the right of Indian children to grow in their culture; and the right of Indian communities to resist fading into the twilight of history. All of that is in keeping with the Constitution’s original design,” Gorsuch wrote.
But Lynch, whose brief represented nearly 500 tribes, told the AP that “there is nothing racial about the law.” “We took this case for one reason only: to help our foster-parent clients and their foster children whose adoptions are frustrated by ICWA,” McGill's Gibson Dunn law firm said in a statement to the AP., states might have gained more leverage in disputes with tribes over oil and gas pipelines and leases, social services, law enforcement, education, contracting and many other areas now governed by federal laws that define tribes as political sovereigns, Native American attorneys said.
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