Haaland v. Bracken Consolidated Oral Argument

The Supreme Court heard oral argument in Haaland v. Brackeen, a consolidated case on the constitutionality of the Indian Child Welfare Act. Petitioners included in this lawsuit were trying to foster or adopt children with Indian ancestry. They, along with the state of Texas, argued the law prevents them from giving children a proper home and violates the Constitution on several fronts, including the Fifth Amendment’s equal protection clause. They also claimed the law’s regulations go beyond congressional authority under the Constitution. In 1978, the law was adopted to address Indian children who were being separated from their families and tribes via boarding schools or to non-Indian families. Under this law, there are certain criteria for placement of Indian children outside of their families or tribe.

The Court later ruled 7-2 that the act is constitutional. close