The Supreme Court is set to hear arguments Wednesday on the most significant challenge to a law that gives preference to Native American families in foster care and adoption proceedings of Native children.
, which was enacted in response to the alarming rate at which Native American and Alaska Native children were taken from their homes by public and private agencies. Tribes also fear more widespread impacts in the ability to govern themselves if the justices rule against them.
More than three-quarters of the 574 federally recognized tribes in the country have asked the high court to uphold the law in full, along with tribal organizations. They fear widespread impacts if the court attempts to dismantle the tribes’ status as political sovereigns. “It’s important for people to understand that this is not just a law,” Jennifer Brackeen, an anesthesiologist, said in an interview with The Associated Press.
But it upheld the determination that the law is based on the political relationship between the tribes and the U.S. government, not race.2013,All of the children who have been involved in the current case at one point are enrolled or could be enrolled as Navajo, Cherokee, White Earth Band of Ojibwe and Ysleta del Sur Pueblo. Some of the adoptions have been finalized while some are still being challenged. How those are affected by the Supreme Court case could depend on how the high court rules.
Kate Fort, who represents intervening tribes in the case, said Native American children remain disproportionately represented in the system, but the actual figures vary dramatically by state.
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