SDDP Praises Haaland v. Brackeen Decision

(June 15, 2023) The Supreme Court on Thursday declined to overrule the federal law that governs the process for the placement of Native American children in foster or adoptive homes, rejecting constitutional challenges to the law.

In the majority opinion authored by Justice Amy Coney Barrett, the court turned down the challenges to the Indian Child Welfare act authored by Senator James Abourezk (SD) and passed by Congress in 1978.

“The bottom line is that we reject all of petitioners’ challenges to the statute, some on the merits and others for lack of standing.” –Justice Amy Coney Barrett

Justices Clarence Thomas and Samuel Alito dissented.

Representative Peri Pourier sought to codify parts of ICWA into South Dakota law this past session, but the measure failed. In response to the Court’s decision, Representative Pourier expressed her deep satisfaction stating, “This is a historic moment for Tribal Nations and ICWA. The Supreme Court’s ruling

is a resounding recognition of the inherent rights of Tribal Nations.”

“This is a major victory for the Biden administration and the Native American tribes that defended the law. Democrats will continue to stand up for Tribal sovereignty and respect the rights of Native families. The Supreme Court did the right thing, protecting the rights provided under the Indian Child Welfare Act. We must remain vigilant and continue to do the work necessary to protect the rights of our most vulnerable citizens.” –Dan Ahlers Executive Director South Dakota Democratic Party

For questions, please call or email: Dan Ahlers, Executive Director, SDDP

(605) 271-5405 or dan@sddp.org