Supreme Court Hears Arguments in Case Challenging ICWA

Nov 29, 2022 | Insights

On November 9, 2022, the United States Supreme Court heard a challenge to the Indian Child Welfare Act (ICWA) in the Haaland v. Brackeen case. The Supreme Court considered the constitutionality of ICWA, its validity under the Indian Commerce Clause, and claims that ICWA violates the equal protection clause. The Court’s review of these issues threatens the long-standing political relationship between tribes and the United States.

The audio and written transcripts are available now that the Court has heard the case. The audio transcript is available here, and the written transcript can be found here.

Native law group previously reviewed the issues presented in the case. More information about this case and a review of the concerns presented are available here