Haaland v. Brackeen on the Constitutionality of the Indian Child Welfare Act

This chapter reviews the background and ruling in Haaland v. Brackeen, in which the Court considered a range of challenges to the Indian Child Welfare Act, which encourages the adoptive placement of Native American children in Native American households. By a 7–2 vote, the Court repelled an arsenal of constitutional and statutory challenges to the Act and its operation through state courts. The ruling left the important question of ICWA’s compliance with equal protection standards unaddressed, as the majority did not see this question as properly presented. Across the opinions, the Justices debated the proper role and scope of Native sovereignty and its relationship to congressional authority.