Supreme Court affirms Congress's power over Indian affairs, upholds law protecting Native American children

Wiping away tears, Nita Battise, vice chairperson of the tribal council of the Alabama-Coushatta Tribe of Texas, reacts to the Supreme Court ruling upholding a law that gives Native American families priority in adoptions and foster care placements of tribal children. Mandel Ngan/AFP via Getty Images

The Supreme Court affirmed the constitutionality of the Indian Child Welfare Act, a 1978 law enacted to protect Native American children in the U.S. and strengthen their families, in a June 15, 2023, ruling. Tribal leaders praised the decision as upholding the basic constitutional principles governing the relationships among Native nations and the federal government.

Congress originally passed the Indian Child Welfare Act in response to requests from tribal leaders, and other advocates for Native Americans, to stop state governments from removing an alarming number of Native children from their families. Before the law took effect, state social welfare agencies were removing between 25% and 35% of all Native American children, and 90% of those removed were sent to be raised by non-Native families.