The United States Supreme Court (Court) will hear oral arguments in the Haaland v. Brackeen case on November 9, 2022, starting at 10:00 a.m. Eastern. The Court is hearing arguments regarding whether the Indian Child Welfare Act (ICWA) is a constitutional law.
Edited to add: To hear the recorded oral arguments or to download a recording and/or a transcript, click here or go to the following link: <https://www.supremecourt.gov/oral_arguments/audio/2022/21-376>
The petitioners in the case, the State of Texas and private parties (non-Native foster/adoptive families), are arguing that ICWA is unconstitutional. The respondents, the federal government and five intervening tribes (Morongo Band of Mission Indians, Quinault Nation, Oneida Nation in Wisconsin, Navajo Nation, and Cherokee Nation), are defending the law and arguing that ICWA is constitutional.
The stakes are high, because if the court accepts the claims by the plaintiffs it could have serious implications for not just ICWA, but many other federal Indian laws too. For more information on the briefs filed in the case, click here or follow the link: <https://tinyurl.com/3r4p2yvc>
To listen to a livestream of the oral arguments on November 9, please go to the Court’s website <https://www.supremecourt.gov/ >and click on the “Live Audio”. Link here <https://www.supremecourt.gov/oral_arguments/live.aspx>
The showing of support for ICWA has increased significantly since the Haaland v. Brackeen case began in 2017 and as support has increased, it has become increasingly clear that ICWA is viewed as the gold standard in child welfare practice and policy.
