The Court voted 7 to 2 to uphold the law, with Justices Samuel Alito Jr. and Clarence Thomas dissenting.
The court voted 7-2 to uphold the law, with Justices Samuel Alito Jr. and Clarence Thomas dissenting.
The plaintiffs argued that ICWA exceeds federal authority, undermines state sovereignty and discriminates on the basis of race.In the majority opinion, Barrett wrote that Congress’ power to legislate with respect to Native Americans is well established and broad across a wide range of areas, and family law is no exception. Barrett mentioned that this precedent traces its power to the Indian Commerce Clause.
In a concurring opinion, Justice Neil Gorsuch said with this ruling, the court “safeguards the ability of tribal members to raise their children free from interference by state authorities and other outside parties.” A state court judge gave the priority to the Navajo Nation, which said it located an alternative placement for the boy with nonrelative tribal members living in New Mexico. ICWA’s placement preferences ranked the Navajo family ahead of non-Native families.
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