ABC News (WASHINGTON) The Supreme Court on Thursday rejected a major challenge to the Indian Child Welfare Act of 1978, upholding a landmark law long hailed
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ABC News(WASHINGTON) The Supreme Court on Thursday rejected a major challenge to the Indian Child Welfare Act of 1978, upholding a landmark law long hailed by tribes for giving priority to Native American families in the adoption of Native children.
The state of Texas and a group of non-Native foster parents had challenged the preferences as an infringement on state authority in child welfare policy and unlawful discrimination on the basis of race.
Justice Amy Coney Barrett, writing for the majority in the 7-2 decision, rejected the claims.
"Congress s power to legislate with respect to Indians is well established and broad," wrote Barrett. "When Congress enacts a valid statute pursuant to its Article I powers, state law is naturally preempted … End of story."
Barrett said the court was not deciding, however, whether the law violates the Equal Protection clause of the 14th Amendment by disfavoring non-Native families because none of the parties in the case w
The Indian Child Welfare Act was upheld by the Supreme Court despite challenges from several states and families looking to adopt Native American children.