Supreme Court leaves Indian Child Welfare Act in place

The Supreme Court on Thursday ruled 7-2 to uphold a law that gives Native American families preference in foster care and adoptions of Native children. Plaintiffs in the case claimed the Indian Child Welfare Act of 1978 was unconstitutional and discriminated based on race. Justices Clarence Thomas and Samuel Alito dissented.

How did this case begin? Texas couple Chad and Jennifer Brackeen in 2017 became lead plaintiffs in a federal lawsuit brought by Texas, Louisiana, Indiana, and other foster and adoptive families. In 2018, the couple adopted a Native American boy after fostering him for several years. Members of the Navajo Nation said he should be raised by a Native American family and petitioned to place him with a tribal couple, but eventually agreed to let the Brackeens adopt him. The couple is also trying to adopt the boy’s half-sister, but the Navajo want her to be raised by relatives on a reservation in Arizona.

Dig deeper: From the archives, listen to Sarah Schweinsberg’s report on The World and Everything in It podcast about the early days of the case.