Native American nations say the Supreme Court's rejection of a challenge to the Indian Child Welfare Act has reaffirmed their power to withstand threats from state governments.
Instead, the justices focused on rejecting other arguments aimed at giving states more leverage, including sweeping attacks on the constitutional basis for federal Indian Law. Justice Neil Gorsuch spent 38 pages explaining how up to a third of Native children were taken from their families and placed in white homes or in boarding schools to be assimilated. In response, the 1978 law requires states to notify tribes if a child is or could be enrolled in a federally recognized tribe, and established a system favoring Native American families in foster care and adoption proceedings.
But Lynch, whose brief represented nearly 500 tribes, told the AP that “there is nothing racial about the law.” But had the conservative groups prevailed, states might have gained more leverage in disputes with tribes over oil and gas pipelines and leases, social services, law enforcement, education, contracting and many other areas now governed by federal laws that define tribes as political sovereigns, Native American attorneys said.
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