It came as a direct response to the mass removal of Indian children from their families during the 1950s, 1960s, and 1970s by state officials and private parties.”

In a stunning 7-to-2 ruling, Justice Amy Coney Barrett rejected an argument from Republican-led states and white families who argued the system is based on race, writing, quote, “In sum, Congress’s power to legislate with respect to Indians is well established and broad.” Justice Neil Gorsuch wrote in a concurring opinion, “The Indian Child Welfare Act did not emerge from a vacuum.

Tribal leaders say the law helps to preserve their families, traditions, and cultures. She calls the decision “really encouraging,” noting it is “good not just for Native nations and families, but for the rule of law.”ĪMY GOODMAN: On Thursday, the court upheld the 1978 Indian Child Welfare Act, that protects Native children from being removed from their tribal communities for fostering or adoption in non-Native homes. Rebecca Nagle, a Cherokee writer and award-winning journalist, has covered the case closely for The Nation and her podcast, This Land, and says the far right is attacking the Indian Child Welfare Act as part of a broader conservative agenda to destabilize federal Indian law. The court rejected an argument from Republican-led states and white families who argued the system is based on race. In a surprise 7-2 ruling Thursday, the court upheld the 1978 Indian Child Welfare Act (ICWA), which protects Native children from being removed from their tribal communities for fostering or adoption in non-Native homes.

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