![]() “I stand alongside Tribal Nations as they celebrate today’s Supreme Court decision,” President Joseph R. Justices Clarence Thomas and Samuel Alito filed dissenting opinions. In adopting ICWA, “Congress exercised (its) lawful authority to secure the right of Indian parents to raise their families as they please, the right of Indian children to grow in their culture, and the right of Indian communities to resist fading into the twilight of history,” Gorsuch wrote in a concurring opinion. ![]() ![]() “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.”īarrett was joined by Chief Justice John Roberts and Associate Justices Neil Gorsuch, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh and Ketanji Brown Jackson. “The issues are complicated,” Justice Amy Coney Barrett wrote in the majority opinion. The court did not rule on the merits of two additional claims - an equal protection challenge to ICWA’s placement preferences and a challenge to ICWA’s provision allowing tribes to alter the placement preferences-because the Brackeens and other petitioners did not have standing to raise them. The nation's highest court found that ICWA does not discriminate on the basis of race and does not impose an undue burden on states.
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