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47 NARF Legal Rev. 1 (2022)

handle is hein.journals/narf47 and id is 1 raw text is: Brackeen Headed to the U.S. Supreme Court The U.S. Supreme Court in its next term will hear potentially the most important Indian law case in a generation when it decides whether Congress exceeded its constitutional powers when it enacted the Indian Child Welfare Act of 1978 (ICWA). ICWA sets minimum federal standards for child custody proceedings involving any child who is a member of a federally recognized tribe (or who is both eligible for tribal membership and the biological child of a tribal member). Child welfare advocates have long considered ICWA the gold standard in child welfare practice. However, in the case that is now known as Bracceen v. Haaland, plaintiffs who oppose ICWA alleged that ICWA is unconstitutional for a variety of reasons. The U.S. Court of Appeals for the Fifth Circuit issued a split decision, and parties on both sides filed a total of four petitions for certiorari to the U.S. Supreme Court: one from the United States, one from four intervening tribes (Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, and Quinault Indian Nation), one from the State of Texas, and one from individuals who sought to adopt Indian children. In February 2022, the Supreme Court granted all four petitions and consolidated them under the caption Haaland v. Brackeen. The case before the Supreme Court presents multiple constitutional questions. Its outcome could have far-reaching effects for Native families and tribes. In a coordinated, well-financed, direct attack, Texas and other opponents aim to simultaneously exploit Native children while undermining the law that protects them all while potentially undermining the entire framework of federal-tribal relations. If they succeed in weakening protections for Native children it could negatively impact Native families and tribes for generations, said Native American Rights Fund (NARF) Senior Staff Attorney Erin Dougherty Lynch.

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