Dear USET/USET SPF Family,
On November 9, 2022, the U.S. Supreme Court heard oral arguments in the case Brackeen v. Haaland. This case challenges the constitutionality of the Indian Child Welfare Act of 1978 (ICWA), which is a federal law that was enacted in response to the disgraceful history and practice of separating Native American children from their families during adoption proceedings. Brackeen v. Haaland was filed in federal court in Texas by the state and seven individuals. These individuals included three couples who are not Native American and had tried to foster or adopt children with Native American ancestry, as well as the biological mother of a Native American child whom one of the couples eventually adopted.
Hobbs Straus Dean & Walker has provided a detailed overview of the oral arguments heard in this case. To listen to a recording of the oral arguments during the Supreme Court proceeding, please click here. Panelists that briefed Brackeen will also host a webinar TODAY, November 17th
at 12:30pm ET—to register, please click here.
USET SPF has consistently stood in support of protecting ICWA and has signed on to multiple amici curiae over the years to protect this law from constitutionality challenges. In the most recent amici curiae submitted to the Supreme Court on August 19, 2022, USET SPF joined 61 Tribal Nations and Tribal organizations to protect ICWA as an appropriate exercise of Congress’ power over Native affairs and protect Native children from being removed from their families and communities.
For more information, please contact Brian Howard, USET SPF Senior Policy Analyst, at bhoward@usetinc.org.
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