Amy Coney Barrett Delivered a Massive Victory for Native Rights

This does not sound like a mere stay of execution for the Indian Child Welfare Act.

is a sharp rebuke to red states’ crusade to dismantle Congress’ authority to protect Native peoples as well as a strong affirmation of the federal government’s vital role in keeping Native communities together. While the court left open the door to future challenges on other grounds, Justice Amy Coney Barrett’s opinion for the court—joined by the three progressive justices and conservatives Neil Gorsuch, Brett Kavanaugh, and John Roberts—does not sound like a mere stay of execution.

Congress passed ICWA in 1978 to address the problem. The law establishes several important safeguards that apply to adoption and foster care proceedings in state court. When adjudicating custody of a Native child, state courts must notify the tribe in which the child is enrolled and allow them to intervene.

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