The Indian Child Welfare Act Is Before The Supreme Court. What Is It? : 1A The Indian Child Welfare Act is before the Supreme Court once again, almost a decade after Adoptive Couple v. Baby Girl.

Earlier this month, the Court heard oral arguments in the case Haaland v. Brackeen, the legal action about who gets precedence when it comes to adopting Native children.

We discuss what the Indian Child Welfare Act does and if struck down, what it could mean for tribal law and Native Americans.

Want to support 1A? Give to your local public radio station and subscribe to this podcast. Have questions? Find us on Twitter @1A.

1A

The Indian Child Welfare Act Is Before The Supreme Court. What Is It?

The Indian Child Welfare Act Is Before The Supreme Court. What Is It?

  • Download
  • <iframe src="https://www.npr.org/player/embed/1139983308/1200107820" width="100%" height="290" frameborder="0" scrolling="no" title="NPR embedded audio player">

From May 4-May 13, the public will be able to hear audio of Supreme Court arguments live for the first time ever. DANIEL SLIM/AFP via Getty Images hide caption

toggle caption
DANIEL SLIM/AFP via Getty Images

From May 4-May 13, the public will be able to hear audio of Supreme Court arguments live for the first time ever.

DANIEL SLIM/AFP via Getty Images

Almost a decade ago, the Supreme Court heard oral arguments in the case of Adoptive Couple v. Baby Girl.

The 2013 case hinged on several provisions of the Indian Child Welfare Act, federal law that gives tribal governments exclusive jurisdiction over children who reside on a reservation.

Fast forward to 2022 and the Indian Child Welfare Act is before the country's highest court yet again.

In November the Supreme Court heard oral arguments in the case Haaland v. Brackeen, another legal action about who gets precedence when it comes to adopting Native children.

What does the Indian Child Welfare Act really do? And if the Court strikes it down, what could that mean for tribal law, and for Native Americans?

This Land host Rebecca Nagle and the University of Michigan's Leah Litman join us for the conversation.

Like what you hear? Find more of our programs online.