June 15, 2023
Tribal leaders, lawmakers and civil rights' groups anxiously awaiting the high court's ruling on the Indian Child Welfare Act breathed a collective sigh of relief on Thursday as many anticipated a ruling that they said could have threatened the heart of tribal sovereignty and reopened old wounds from past atrocities associated with Indian boarding schools.
June 15, 2023
The U.S. Supreme Court on Thursday upheld the Indian Child Welfare Act, finding that the 1978 law, which was designed to guard against attacks on Native American heritage, does not exceed the government's authority in imposing a standard procedure on child-custody proceedings.
May 24, 2023
As the U.S. Supreme Court nears a decision on the constitutionality of the Indian Child Welfare Act, stakeholders have fixated on the ripple effect the ruling will cause in tribal communities and elsewhere across the nation.
January 02, 2023
All eyes are on the U.S. Supreme Court as it weighs a challenge to the Indian Child Welfare Act in a case that Indigenous-rights advocates say could threaten tribal sovereignty in many other areas, depending on the extent of the final ruling.
November 09, 2022
The U.S. Supreme Court wrestled on Wednesday with a challenge to federal rules over adopting and fostering Native American children, focusing largely on Congress' power to regulate such affairs and giving few hints into whether it thinks the system illegally disadvantages non-Native households.
November 04, 2022
The U.S. Supreme Court will consider how to properly challenge the constitutionality of an agency's in-house enforcement action, along with the fate of the Indian Child Welfare Act at this week's oral arguments. Here, Law360 previews what's on the docket.
October 17, 2022
Representatives from several Native American tribes that are defending the Indian Child Welfare Act in the U.S. Supreme Court stepped up their advocacy Monday, using a press conference to call the law a key tool to protect their heritage and warning that its repeal could have dangerous consequences for tribal sovereignty.
October 04, 2022
The U.S. Supreme Court will hear extended oral arguments next month in a case concerning the federal rules around fostering and adopting Native American children, granting a request in which the government said the closely watched litigation involves "numerous issues of constitutional law."
September 30, 2022
The reversal of constitutional abortion protections last term has court watchers wondering: Is affirmative action next? But the lawsuits against Harvard University and the University of North Carolina are far from the only blockbusters on the docket in what is likely to be another landslide term for conservatives. Here, Law360 breaks down five cases to watch.
August 19, 2022
Nearly 500 federally recognized tribes and many Native American organizations led a host of amici on Friday urging the U.S. Supreme Court to uphold the constitutionality of the Indian Child Welfare Act, saying that disturbing the law would damage Indian families and could ripple through other important aspects of Indian law.