The law requires states to notify tribes and seek placement with the child’s extended family, members of the child’s tribe or other Native American families.
, which was enacted to address concerns that Native children were being separated from their families and, too frequently, placed in non-Native homes.The “issues are complicated” Justice Amy Coney Barrett wrote for a seven-justice majority that included the court’s three liberals and four of its six conservatives, but the “bottom line is that we reject all of petitioners’ challenges to the statute.
“We hope this decision will lay to rest the political attacks aimed at diminishing tribal sovereignty and creating instability throughout Indian law that have persisted for too long,” said a joint statement from Cherokee Nation Principal Chief Chuck Hoskin, Jr., Morongo Band of Mission Indians Chairman Charles Martin, Oneida Nation Chairman Tehassi Hill and Quinault Indian Nation President Guy Capoeman.
Congress passed the law in response to the alarming rate at which Native American and Alaska Native children were taken from their homes by public and private agencies. At arguments in November, several conservative justices expressed concern about at least one aspect of the law that gives preference to Native parents, even if they are of a different tribe than the child they are seeking to adopt or foster.
The Supreme Court dealt with that issue by determining that neither Texas nor the parents had legal standing to make that argument in this case.Matthew McGill, who represented the Brackeens at the Supreme Court, said he would press a racial discrimination claim in state court.
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