SCOTUS upheld the Indian Child Welfare Act. What are the implications of this?

By Lauren Gilger
Published: Monday, June 19, 2023 - 12:05pm

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The U.S. Supreme Court surprised many last week when it announced a decision in a case that had serious implications for tribal sovereignty nationwide. The court voted 7-2 to uphold the Indian Child Welfare Act, a 1978 law intended to keep Indigenous children in their tribal communities when they’re adopted. 

A challenge from a Texas couple claimed the law essentially discriminated against non-Native families on the basis of race. But, in the majority opinion, Justice Amy Coney-Barrett rejected all of the challenges to ICWA and left the law intact. 

The Show was joined by Rebecca Nagle, host of the This Land podcast, to talk more about the implications of this landmark decision.

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