Supreme Court affirms ICWA
The Supreme Court handed down a major decision Thursday in the Haaland v. Brackeen case, affirming the constitutionality of the Indian Child Welfare Act by a 7-2 vote.
Justices Clarence Thomas and Samuel Alito were the lone justices to dissent.
The decision represents a major victory for federal Indian law and tribes across the nation.
[…]
Justice Neil Gorsuch, the justice with extensive federal Indian law knowledge and experience of all the justices, wrote in support:
"Often, Native American Tribes have come to this Court seeking justice only to leave with bowed heads and empty hands. But that is not because this Court has no justice to offer them. Our Constitution reserves for the Tribes a place—an enduring place—in the structure of American life. It promises them sovereignty for as long as they wish to keep it. And it secures that promise by divesting States of authority over Indian affairs and by giving the federal government certain significant (but limited and enumerated) powers aimed at building a lasting peace.”