SCOTUS Upholds Native American Adoption Preferences

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Facts

  • In a 7-2 ruling on Thursday, the US Supreme Court has upheld the Indian Child Welfare Act (ICWA) of 1978, which gives Native American tribes preference in the adoption and fostering of Native children.1
  • The case, Haaland v. Brackeen, stems from challenges against the law brought by non-Native families seeking to adopt Native children in instances where the ICWA was invoked to keep children in a Native or tribal home. The plaintiffs argued that the law is racially discriminatory and an infringement on states' rights.2
  • The majority opinion, authored by Justice Amy Coney Barrett, rejected all of the challenges to the ICWA. A concurring opinion from Justices Neil Gorsuch and Sonia Sotomayor called the law a reasonable exercise of Congressional authority to "secure the right of Indian parents to raise their families as they please."3
  • In their dissent, Justices Clarence Thomas and Samuel Alito argued that the law is an overreach of federal power, adding that the decision "reserves the rights and interests of these children and their parents."4
  • Tribal leaders and Pres. Joe Biden expressed relief at the news, with a joint statement from tribal leaders saying that the ruling affirms the "relationships between Congress and tribal nations."4
  • The ICWA was enacted in response to the history of Native children being removed from their families. At the time of the law's enactment, 25-35% of Native American children were removed from their homes, with 85% being placed in non-Native families even if there were fit and willing relatives available.2

Sources: 1NPR Online News, 2Al Jazeera, 3CBS, and 4New York Times.

Narratives

  • Narrative A, as provided by Slate. The ICWA is one of the most important pieces of legislation when it comes to the rights of Native Americans, with this bipartisan ruling affirming the sovereignty of Native American tribes. The removal of Native children from their homes, through adoption or government-run boarding schools, was a weapon of cultural genocide. This ruling will protect the right of Native Americans to raise their children at home, immersed in their culture.
  • Narrative B, as provided by Goldwater Institute. This decision, which was mostly decided on legal technicalities, will keep more Native children in abusive homes, depriving them of the rights children of other races enjoy. This racially discriminatory piece of legislation would not stand if it applied to any other race, and will force more Native children to endure utterly preventable mistreatment.