Supreme Court considers fate of landmark Indian adoption law
At issue is whether the the Indian Child Welfare Act — aimed at preventing Native American children from being separated from their tribes — is tribal protection or racial classification.
by Nina Totenberg
Nov 08, 2022
4 minutes
The U.S. Supreme Court hears arguments Wednesday in a case that pits several prospective adoptive parents and the state of Texas against the Indian Child Welfare Act — a federal law aimed at preventing Native American children from being separated from their extended families and their tribes.
This is a case that, more than usual, is steeped in American history. It's also a case that, more than usual, will resonate with the nine justices, seven of whom are parents, including two who have adopted children.
A brief history of the law
In 1978, Congress, after extensive hearings, found that public and private agencies had taken hundreds of thousands of Indian children from their homes, sometimes by force.
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