Petitions filed to seek a Supreme Court review of whether ICWA is constitutional

KNBA | By Tripp J Crouse

Published October 6, 2021 at 9:41 AM AKDT

The state of Texas, four Tribes and several parents filed petitionsto ask the Supreme Court to review whether the Indian Child Welfare Act is constitutional.

The petitions call for the high court to review an April split decision by the U.S. Fifth Circuit Court of Appeals.

The justices ruled in the case of Brackeen v. Haaland that parts of ICWA were constitutional, while others weren’t.

Because of the split decision the ruling applies only to that judicial district which includes Texas, Louisiana, and Mississippi.

The original lawsuit challenged ICWA – alleging that it was unconstitutional for discriminating against non-Native families in the placement of Native children.

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Tripp J Crouse

Originally from the Midwest, Tripp Crouse (Ojibwe, a descendent of Lac Courte Oreilles Band of Lake Superior Chippewa) has 15-plus years in print, web and radio journalism. Tripp first moved to Alaska in 2016 to work with KTOO Public Media in Juneau. And later moved to Anchorage in 2018 to work with KNBA and Koahnic Broadcast Corporation.