Supreme Court rules against Texas parents who were temporarily blocked from adopting Native child
Demonstrators stand outside the U.S. Supreme Court in Washington, Nov. 9, 2022, as the court hears arguments over the Indian Child Welfare Act. On Thursday, June 15, 2023, the Supreme Court preserved the system that gives preference to Native American families in foster care and adoption proceedings of Native children, leaving in place the 1978 Indian Child Welfare Act that aims to prevent children from being separated from their families to be placed in non-Native homes.
Justice Amy Coney Barrett, a Donald Trump appointee, authored the majority opinion saying the families who joined the Brackeen’s case did not have legal standing to challenge whether the act prioritized one group over others and therefore violated the 14th Amendment’s Equal Protection Clause by discriminating on the basis of race.
President Joe Biden said in a statement the ruling “keeps in place a vital protection for tribal sovereignty and Native children.” The families challenging the act were seeking to discriminate against Native Americans’ race and their political standing by filing the lawsuit, Andrews said. Years later, the Brackeens are now in the process of trying to adopt the boy’s 5-year-old sister, identified in court documents as Y.R.J. The family’s attorney, Matthew D. McGill, said in a statement that the high court’s ruling, upholding the 1978 act, will be a major concern as they head into the adoption trial for the young girl who has been fostered by the Brackeens and has been a part of the family for nearly her whole life.
Attorneys for families like the Brackeens could also tap into the court’s dissenting arguments on Thursday in future adoption disputes.
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