In major win for Native Americans, Supreme Court rejects challenge to adoption law
But the law was challenged by non-Native families who had sought to adopt Native American children and who said that preference was a racial one that violated the 14th Amendment. Leaders of several of the nation's best-known tribes, joined by the Biden administration, argued the law's requirements were based not on race but rather on the fact that Native American tribes are sovereign entities.
The appeal follows a deeply fractured opinion from the U.S. Court of Appeals for the 5th Circuit, which split evenly on several of the law’s provisions. The result upheld a federal district court’s determination that some provisions of the law are unconstitutional. The Indian Child Welfare Act has in the past divided the Supreme Court in unpredictable ways. In 2013, a 5-4 majority
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