Some warn that the Supreme Court's 7-2 decision to uphold the landmark Indian Child Welfare Act of 1978 also leaves the door open to future challenges because it does not address whether the law violates the equal protection clause of the Constitution.
Mary Kathryn Nagle, a Cherokee attorney for the National Indigenous Women's Resource Center whoin support of the law, lauded the decision as a"resounding victory for Indian Country, for tribes and for Native children."uling
The states of Texas, Indiana and Louisiana joined in the litigation against the federal government, which was defended by Interior SecretaryConservative legal groups have argued that the law is unconstitutional and illegal federal policy, because, they say, it allows for custody based on race. In addition, they say, the law gives the federal government too much control over states, which typically oversee adoption and foster cases.
He added that by siding with the Indian Child Welfare Act, seven of the justices made"sure that we can control our own destiny and all tribal communities to make sure that we can take care of our own kids. Give us the first right to protect our kids, to raise them, to make sure that they're culturally still connected to our tribe.
Matthew McGill, a lawyer representing the Brackeens, said he plans to pursue the race discrimination claim in the adoption proceedings in state court.
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