, 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, but the “bottom line is that we reject all of petitioners’ challenges to the statute.”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.
Three white families, the state of Texas and a small number of other states claim the law is based on race and is unconstitutional under the equal protection clause. They also contend it puts the interests of tribes ahead of children and improperly allows the federal government too much power over adoptions and foster placements, areas that typically are under state control.
More than three-quarters of the 574 federally recognized tribes in the country and nearly two dozen state attorneys general across the political spectrum had called on the high court to uphold the law. The high court had twice taken up cases on the Indian Child Welfare Act before, in 1989 and in 2013, that have stirred immense emotion.
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