This case involves the constitutionality of the Indian Child Welfare Act.  In a landmark decision, the United States Supreme Court in rejected the constitutional challenges to the Indian Child Welfare Act in June, 2023.

We participated as amici, with the ACLU and the ACLUs of NorCal, Alaska, Arizona, Maine, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, Utah, and Washington.

We argued that, in the event the U.S. Supreme Court employs strict scrutiny to review ICWA, it nevertheless furthers a compelling state interest (keeping Indigenous families and communities together).

Court

United States Supreme Court

Status

Filed

Case number

21-376, 21-377, 21-378 & 21-380