The Supreme Court has preserved the system that gives preference to Native American families in foster care and adoption proceedings of Native children.
WASHINGTON — The Supreme Court on Thursday preserved the system that gives preference to Native American families in foster care and adoption proceedings of Native children, rejecting a broad attack from some Republican-led states and white families who argued it is based on race.
Justices Clarence Thomas and Samuel Alito dissented, each writing that Congress lacks the authority to interfere with foster care placements and adoptions, typically the province of the states. The decision, Alito wrote, “disserves the rights and interests of these children.” President Joe Biden, whose administration defended the law at the high court, noted that he supported the law 45 years ago when was a Democratic senator from Delaware.
Three white families, the state of Texas and a small number of other states claimed the law is unconstitutional under the equal protection clause because it was based on race. They also contended it puts the interests of tribes ahead of children and improperly allows the federal government too much power over adoptions and foster placements, areas that typically are under state control.
“In my view, the equal protection issue is serious,” Kavanaugh wrote, commenting that the race of prospective parents and children could be used to reject a foster placement or adoption, “even if the placement is otherwise determined to be in the child’s best interests.”
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