search
Sections List
American Journal News

Supreme Court rejects Texas' attempt to undermine protections for Native American kids

Suspended Republican state Attorney General Ken Paxton and others wanted the Indian Child Welfare Act of 1978 overturned.

By Josh Israel - June 16, 2023
Share
FILE - Demonstrators stand outside the U.S. Supreme Court in Washington, Nov. 9, 2022, as the court hears arguments over the Indian Child Welfare Act. On Thursday, June 15, 2023, the Supreme Court preserved the system that gives preference to Native American families in foster care and adoption proceedings of Native children, leaving in place the 1978 Indian Child Welfare Act that aims to prevent children from being separated from their families to be placed in non-Native homes.
Demonstrators stand outside the U.S. Supreme Court in Washington, Nov. 9, 2022, as the court hears arguments over the Indian Child Welfare Act. (AP Photo/Mariam Zuhaib, File)

The Supreme Court on Thursday rejected a challenge to a 45-year-old law aimed at protecting Native American kids. By a 7-2 vote, the conservative-leaning high court upheld the Indian Child Welfare Act against claims by conservative critics and the state of Texas that it was unconstitutional.

Justices Clarence Thomas and Samuel Alito dissented from the majority in the Haaland v. Brackeen case.

For decades, the U.S. government actively removed children born to families in Native American tribes in an attempt to assimilate them into white culture. The kids were permanently placed in government-run schools or white people’s homes. 

Shannon Smith, the executive director of the Indian Child Welfare Act Law Center, told the now-defunct website ThinkProgress in 2016 that these policies were an attempt to “educate the Indian out a child,” based on the belief that “if you could remove children from families, they would be better off, have a better way of life, [and] a better future.”

Congress passed the Indian Child Welfare Act of 1978 to keep Native American children with their families and tribes as much as possible. The law allows tribal courts to decide custody cases involving members who live on reservations and gives tribal courts partial jurisdiction over cases involving members who do not live on reservations. Smith said the law recognized both that “for tribes, the children were their most valuable resource” and that “it was in the best interest of Indian children to have a connection with their families and tribes.”

Federal courts have typically stayed out of challenges to laws like the Indian Child Welfare Act because Native American tribes are treated as quasi-sovereign governments, and Article I, Section 8 of the Constitution specifically grants Congress the authority to regulate commerce “with the Indian Tribes.”

But conservative legal groups have long sought to convince federal courts to get involved.

After a non-Native American couple from Texas was not permitted to adopt a Native American foster child, they, along with Republican Texas Attorney General Ken Paxton, in 2017 brought a federal court challenge to the Indian Child Welfare Act’s constitutionality.

Paxton, who is currently suspended from his post following a May 2023 impeachment in the state House of Representatives, claimed at the time: “The Constitution makes clear that people are more than just their racial background. But ICWA elevates a child’s race over their best interest in a way that could endanger Texas children.” 

The case was assigned to U.S. District Judge Reed O’Connor, a right-wing George W. Bush appointee known for his rulings overturning the Affordable Care Act and other progressive legislation. O’Connor’s rulings were subsequently overruled by higher courts. 

In 2018, O’Connor sided with Texas and ruled that the Indian Child Welfare Act violated the 10th and 14th Amendments. An appeals court upheld part of his ruling.

But on Thursday seven Supreme Court justices disagreed. In her majority opinion, Justice Amy Coney Barrett noted, “In 1978, Congress enacted the Indian Child Welfare Act (ICWA) out of concern that ‘an alarmingly high percentage of Indian families are broken up by the removal, often unwarranted, of their children from them by nontribal public and private agencies.'”

“The issues are complicated,” Barrett wrote. “But the bottom line is that we reject all of petitioners’ challenges to the statute, some on the merits and others for lack of standing.”

The National Indian Child Welfare Association, which works to protect American Indian and Alaska Native children, praised the ruling, saying in a statement: “The Court’s decision affirmed that the Indian Child Welfare Act (ICWA) is constitutional, puts the best interests of Native kids first, and is grounded in tribal sovereignty. This ruling respects the work that Tribal Nations have done for millennia to ensure Native kids stay connected to their families, communities, and cultures whenever possible.”

“The Supreme Court just validated what Indian Country and Tribal advocates have been saying for generations: the Indian Child Welfare Act is the gold standard of child welfare policy,” Hawaii Democratic Sen. Brian Schatz, who chairs the Senate Committee on Indian Affairs, said in a statement. “I applaud today’s decision, which upholds the constitutionality of this landmark law, respects Tribal sovereignty, and protects the best interests of Indian children.”

The vice chair of the committee, Republican Alaska Sen. Lisa Murkowski, called it “a victory for Native people.”

Interior Secretary Deb Haaland, the first Native American to serve in a presidential Cabinet, said, “Today’s decision is a welcome affirmation across Indian Country of what presidents and congressional majorities on both sides of the aisle have recognized for decades.”

Published with permission of The American Independent Foundation.


Read More
U.S. House Speaker Johnson says IVF should be protected — just not by Congress

U.S. House Speaker Johnson says IVF should be protected — just not by Congress

By Jennifer Shutt, States Newsroom - March 14, 2024
Biden calls for expanded child tax credit, taxes on wealthy in $7.2 trillion budget plan

Biden calls for expanded child tax credit, taxes on wealthy in $7.2 trillion budget plan

By Jennifer Shutt, States Newsroom - March 11, 2024
Telehealth abortions on the rise since Dobbs, new report shows

Telehealth abortions on the rise since Dobbs, new report shows

By Sofia Resnick, States Newsroom - February 28, 2024
Human, financial costs of gun violence are growing dramatically, health care group says

Human, financial costs of gun violence are growing dramatically, health care group says

By Marty Schladen, Ohio Capital Journal - February 20, 2024
Trump’s pick for RNC chief worked with top election denier’s group

Trump’s pick for RNC chief worked with top election denier’s group

By Zachary Roth - February 12, 2024
Democrats Fetterman and Frost say choice between Trump and Biden on guns is clear

Democrats Fetterman and Frost say choice between Trump and Biden on guns is clear

By Kim Lyons, Pennsylvania Capital-Star - February 09, 2024
AJ News
Latest
Florida abortion ban puts GOP Rep. Anna Paulina Luna’s anti-choice views in spotlight

Florida abortion ban puts GOP Rep. Anna Paulina Luna’s anti-choice views in spotlight

By Jesse Valentine - May 07, 2024
Trump leaves door open to banning medication abortion nationwide

Trump leaves door open to banning medication abortion nationwide

By Jennifer Shutt, States Newsroom - April 30, 2024
Republican Caroleene Dobson wants Alabama abortion ban to go nationwide

Republican Caroleene Dobson wants Alabama abortion ban to go nationwide

By Jesse Valentine - April 30, 2024
Ohio Gov. DeWine said he didn’t know of millions in FirstEnergy support. Is it plausible?

Ohio Gov. DeWine said he didn’t know of millions in FirstEnergy support. Is it plausible?

By Marty Schladen, Ohio Capital Journal - April 29, 2024
GOP Rep. Zach Nunn suggests laws against hate crime aren’t needed

GOP Rep. Zach Nunn suggests laws against hate crime aren’t needed

By Jesse Valentine - April 15, 2024
GOP Senate candidate Hung Cao blames racial equity for Baltimore bridge tragedy

GOP Senate candidate Hung Cao blames racial equity for Baltimore bridge tragedy

By Jesse Valentine - March 29, 2024
GOP Rep. Jennifer Kiggans donates thousands to far-right extremists

GOP Rep. Jennifer Kiggans donates thousands to far-right extremists

By Jesse Valentine - March 08, 2024
Ohio senate candidate Bernie Moreno: “Absolute pro-life no exceptions.”

Ohio senate candidate Bernie Moreno: “Absolute pro-life no exceptions.”

By Jesse Valentine - March 07, 2024
Anti-China Republicans pocket thousands from Chinese owned conglomerate

Anti-China Republicans pocket thousands from Chinese owned conglomerate

By Jesse Valentine - March 04, 2024
Republican Eric Hovde makes inconsistent statements about family history

Republican Eric Hovde makes inconsistent statements about family history

By Jesse Valentine - February 26, 2024
Republican David McCormick invests millions in website that platforms Holocaust denial

Republican David McCormick invests millions in website that platforms Holocaust denial

By Jesse Valentine - February 09, 2024
Lawmakers will again take up bills expanding, tightening gun laws

Lawmakers will again take up bills expanding, tightening gun laws

By Annmarie Timmins, New Hampshire Bulletin - January 31, 2024
UAW delivers rousing presidential endorsement for Biden over ‘scab’ Trump

UAW delivers rousing presidential endorsement for Biden over ‘scab’ Trump

By Ashley Murray, States Newsroom - January 24, 2024
Republicans Sam Brown and Jeff Gunter sling mud in Nevada senate primary

Republicans Sam Brown and Jeff Gunter sling mud in Nevada senate primary

By Jesse Valentine - January 17, 2024
A Young Texas Woman Almost Died Due To The Texas Abortion Bans – Now She’s Battling To Save Other Women

A Young Texas Woman Almost Died Due To The Texas Abortion Bans – Now She’s Battling To Save Other Women

By Bonnie Fuller - January 10, 2024
Health care legislation preview: Maryland advocates want to focus on access, patients in 2024 session

Health care legislation preview: Maryland advocates want to focus on access, patients in 2024 session

By Danielle J. Brown, Maryland Matters - January 08, 2024
How GOP senate hopefuls try to excuse the  January 6 insurrection

How GOP senate hopefuls try to excuse the  January 6 insurrection

By Jesse Valentine - January 05, 2024
NH lawmakers will be taking up major voting bills this year. Here are some to watch for.

NH lawmakers will be taking up major voting bills this year. Here are some to watch for.

By Ethan DeWitt, New Hampshire Bulletin - January 04, 2024
Republican US Senate candidates want to make Trump’s tax cuts permanent 

Republican US Senate candidates want to make Trump’s tax cuts permanent 

By Jesse Valentine - December 22, 2023
Rand Paul went all in on the Kentucky governor’s race. It didn’t work.

Rand Paul went all in on the Kentucky governor’s race. It didn’t work.

By - December 15, 2023
Texas governor and attorney general do little to curb state’s chemical plant crisis

Texas governor and attorney general do little to curb state’s chemical plant crisis

By Jesse Valentine - December 08, 2023
Likely GOP Senate candidate Eric Hovde proposed tax hike for poorer workers and retirees

Likely GOP Senate candidate Eric Hovde proposed tax hike for poorer workers and retirees

By Jesse Valentine - December 07, 2023
Whitmer signs specific criminal penalties for assaulting health care workers into law

Whitmer signs specific criminal penalties for assaulting health care workers into law

By Anna Liz Nichols, Michigan Advance - December 06, 2023
105 Republicans voted to expel Santos for things Trump has also done

105 Republicans voted to expel Santos for things Trump has also done

By Jesse Valentine - December 05, 2023
For Texas Sen. Ted Cruz, another Trump term is another chance to kill Obamacare

For Texas Sen. Ted Cruz, another Trump term is another chance to kill Obamacare

By Jesse Valentine - December 04, 2023
Florida Sen. Rick Scott backs Donald Trump in revived push to repeal Obamacare

Florida Sen. Rick Scott backs Donald Trump in revived push to repeal Obamacare

By Jesse Valentine - November 30, 2023
Tate Reeves took donations from power company that hiked customer rates

Tate Reeves took donations from power company that hiked customer rates

By Jesse Valentine - November 06, 2023
Daniel Cameron ran on depoliticizing the Kentucky AG’s office. He made it more political.

Daniel Cameron ran on depoliticizing the Kentucky AG’s office. He made it more political.

By Jesse Valentine - November 03, 2023
Republican operatives sound every alarm on current trajectory of 2023 governor’s race

Republican operatives sound every alarm on current trajectory of 2023 governor’s race

By Adam Ganucheau, Mississippi Today - October 24, 2023
Biden campaign launches new ad focused on Affordable Care Act

Biden campaign launches new ad focused on Affordable Care Act

By Kim Lyons, Pennsylvania Capital-Star - May 08, 2024
Fate of ‘game changer’ women’s health care bill in hands of Missouri Senate

Fate of ‘game changer’ women’s health care bill in hands of Missouri Senate

By Anna Spoerre, Missouri Independent - May 08, 2024
Republican Kari Lake attacks Democratic opponent with deceitful, inaccurate ad

Republican Kari Lake attacks Democratic opponent with deceitful, inaccurate ad

By Jesse Valentine - April 30, 2024