The high court said Monday it would take the case that presents the most significant legal challenges to the Indian Child Welfare Act since it was passed in 1978. The law has long been championed by Native American leaders as a means of preserving their families and culture.
. But the judges also found some of the law's provisions unconstitutional, including preferences for placing Native American children with Native adoptive families and in Native foster homes.Texas, Louisiana, Indiana and seven individuals — three non-Native couples and the biological mother of a Native American child that was adopted by a non-Native family — had sued over provisions in the law.
But in 2019, a three-judge federal appeals court panel voted 2-1 to reverse the district court and uphold the law. The full court then agreed to hear the case, and struck some provisions. It upheld the determination that the law is based on the political relationship between the 574 federally recognized tribes and the U.S. government, not race.The Biden administration asked the Supreme Court to review the case, arguing that the provisions should not have been struck.
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