Congress documented the disturbingly high number of Native American children being placed with non-Native families or institutions in state child welfare and private adoption proceedings, and the law was passed in 1978 to defend tribal sovereignty. The law created in response to decades of antagonism on the part of the federal government towards child custody disputes and the traditional beliefs of Indian tribes is now supported by a 7-2 ruling. In her majority opinion opinion, Justice Amy Coney Barrett claimed that Congress did not go beyond its power when drafting the statute. "In a long line of cases, we have characterised Congress' power to legislate with respect to the Indian tribes as plenary and exclusive," she wrote. "The authority of Congress to enact laws pertaining to Indians is

1. THE SUPREME COURT UPHOLDS A
DECADES-OLD LAW GIVING NATIVE AMERICAN
CHILDREN PRIORITY IN PLACEMENT
The Supreme Court of the United States rendered a momentous ruling on Thursday,
upholding a long-standing provision that gives Native American children's placement
priority, marking an important day in the history of Native American rights. The Indian
Child Welfare Act (ICWA), a piece of legislation created in 1978 to address the alarming
rates of Native American children being taken away from their families and tribes, was
the subject of the case before the Supreme Court. The history of the ICWA, the
Supreme Court's ruling to sustain it, and the ramifications it has for Native American
communities and child welfare in the United States are all covered in this essay.
NATIVE AMERICAN CHILD WELFARE ACT:
To alleviate the wrongful removal of Native American children from their families and
tribes, Congress passed the Indian Child Welfare Act. Due to cultural misinterpretations,
discriminatory laws, and forced assimilation initiatives, Native American children have
historically endured disproportionate separation rates from their communities. Tribal ties
and cultural identity were severely disrupted as a result. The ICWA established a
framework that prioritizes reunifying Native American children with their tribes and
focuses on maintaining their cultural heritage in response to these injustices.
JUDGMENT OF THE SUPREME COURT:

2. For Native American communities, the Supreme Court's decision to uphold the ICWA is
a significant triumph. In the Brackeen v. Haaland case, non-Native American families
seeking to adopt Native American children contested the ICWA's constitutionality. The
opponents claimed that by giving Native American families preferential treatment, the
ICWA broke the Constitution's equal protection rights. In a 5-4 decision, the Court
upheld the legislation, stating that it serves a compelling government interest in
preserving Native American tribes' distinct political position and cultural identity.
In the majority judgment, Justice Gorsuch emphasized the ICWA's function in
redressing previous wrongs and advancing tribal sovereignty. He pointed out that the
government's long-standing policy of recognizing tribal self-governance is consistent
with the law's preference for putting Native American children inside their tribes. Further
acknowledging the persistent difficulties encountered by Native American communities
and the value of preserving tribal ties for the welfare of Native American youth, Justice
Gorsuch
EFFECTS ON COMMUNITIES OF NATIVE AMERICANS:
Native American communities across the nation will be significantly impacted by the
Supreme Court's decision to preserve the ICWA. The Court has strengthened the legal
basis for tribal self-determination and the preservation of Native American culture by

3. confirming the law's validity. It acknowledges the distinct political standing of tribes and
their inalienable right to decide what is best for their offspring.
KEEPING CULTURAL HERITAGE ALIVE:
The ICWA's emphasis on protecting Native American children's cultural heritage is one
of its most important features. The rule aims to ensure that children maintain strong ties
to their communities, traditions, and languages by giving preference to placement within
their tribes. Native American children's health and development depend on this
acceptance of their cultural identity, which also helps to heal the past wounds caused by
policies that compelled them to assimilate.
INCREASING TRIBAL AUTONOMY:
The Supreme Court's ruling supports the ideas of tribal self-governance and
sovereignty. The ICWA gives tribal governments the authority to make decisions that
best reflect their cultural values and promote the welfare of their communities by
granting them a role in where Native American children are placed. This
acknowledgment of tribal power is a crucial step in the righting of historical wrongs and
strengthening government-to-government ties.
TAKING ON INEQUALITIES IN CHILD WELFARE:
The ICWA also targets the disadvantages Native American children experience in the
child welfare system. It prevents hurried removals and mandates that agencies actively
look for suitable placements in the child's extended family or tribal group before
considering other options.