July 2023

YGSNA: Supreme Court upholds Indian Child Welfare Act, citing Sovereignty Project Brief

In its recent decision, Haaland v. Brackeen, the United State Supreme Court upheld the constitutionality of the Indian Child Welfare Act (ICWA), a law that has been used to protect Native American families and tribal sovereignty. In a 7-2 decision, the Court rejected all the petitioners’ challenges with Justice Barrett writing the majority opinion and Justice Gorsuch authoring a concurrence joined by other justices.