The U.S. Supreme Court delivered another shocker today in a 7-2 ruling that upheld the Indian Child Welfare Act, a landmark law passed in 1976 that gives preferences for Native tribes when Alaska Native and American Indian children are adopted.
The case has been closely watched in Alaska, where the state’s tribes and many tribal entities signed an amicus brief supporting the law. The groups argue the preferences contained in the law are critical for maintaining young Alaska Native children’s connection to their culture and improving their long-term outcomes in life.
In a joint statement released by the Alaska Native Tribal Health Consortium, Alaska Federation of Natives, ANCSA Regional Association, Alaska Native Justice Center, Alaska Native Village Corporation and Association of Alaska Housing Authorities, ANTHC President and CEO Valerie Nurr’araluk Davidson praised the decision.
“Today’s ruling protects what tribes and our families have always known, connection to culture and identity is critical to the health and well-being of our children, families, and communities,” said Davidson, who also served briefly as Alaska’s lieutenant governor. “People will do the most extraordinary things for the right reasons. Children, family, and community are always the right reasons. We celebrate today’s landmark decision as tribes continue doing the incredible work to ensure services and programs meet the needs of our families.”
The decision wasn’t anticipated, given conservative opposition to ICWA and the U.S. Supreme Court’s deeply conservative streak. Notably, while the decision firmly upholds Congress’ ability to legislate in an area of law typically controlled by the states, it sidesteps the question of whether the preference of placing Native children in Native foster and adoptive homes because it rules that the plaintiffs—the prospective parents and the state of Texas—don’t have standing to bring the lawsuit.
Still, the ruling found that the connections were more political than racial.
“Often, Native American Tribes have come to this Court seeking justice only to leave with bowed heads and empty hands,” wrote Supreme Court Justice Neil Gorsuch in a concurring opinion. “But that is not because this Court has no justice to offer them. Our Constitution reserves for the Tribes a place—an enduring place—in the structure of American life. … In adopting the Indian Child Welfare Act, Congress exercised that lawful authority to secure the right of Indian parents to raise their families as they please; the right of Indian children to
grow in their culture; and the right of Indian communities to resist fading into the twilight of history. All of that is in keeping with the Constitution’s original design.”
Members of Alaska’s congressional delegation—Alaska U.S. Rep. Mary Peltola and U.S. Sen. Lisa Murkowski—also praised the decision.
“I am overjoyed that the Supreme Court has affirmed both the sovereignty of tribal governments and the irreplaceable bonds of Indigenous family,” Rep. Peltola said in a prepared statement. “This decision provides certainty and security for children and families all across this country, and respects the basic principles of self-governance for Native American tribes. This is an important step in continuing the process of intergenerational healing from long histories of separation and loss, and a victory for tribal advocates everywhere. I look forward to strengthening ICWA and making sure that children everywhere are able to stay with their families and loved ones.”
Murkowski was one of nearly 90 U.S. lawmakers, including Alaska U.S. Sen. Dan Sullivan, who signed onto an amicus brief supporting ICWA last fall (before Peltola took office).
“In a victory for Native people, the Supreme Court has fully upheld the constitutionality of the Indian Child Welfare Act,” she said in a prepared statement. “I applaud the decision and am proud to have co-led the Congressional amicus brief to the Court. I also want to thank those who tirelessly fought to defend this important child welfare policy.”
Alaska Gov. Mike Dunleavy did not personally respond to the ruling. Instead, Alaska Attorney General Treg Taylor released a statement that the current cooperation between Alaska and tribes will continue.
“Our commitment to partnership, communication and collaboration with tribes in Alaska is steadfast. We understand and appreciate the value tribes bring to child welfare in Alaska. Together, the State of Alaska and Tribes have established the Tribal State Collaboration Group and Alaska Tribal Child Welfare Compact to work together to better serve Alaska Native and American Indian families,” he said. “In terms of daily practice and application of the ICWA in Alaska, it does not appear that anything has been changed, and the decision underscores our commitment to partnering with Tribes to improve outcomes for Tribal children and families.”
Matt Acuña Buxton is a long-time political reporter who has written for the Fairbanks Daily News-Miner and The Midnight Sun political blog. He also authors the daily politics newsletter, The Alaska Memo, and can frequently be found live-tweeting public meetings on Twitter.
