Law360: Interior Dept. Defends ICWA In Bid For High Court Hearing

The DOI said in its Friday petition for a writ of certiorari that state courts have repeatedly rejected challenges to ICWA’s constitutionality since its 1978 enactment and cited how even though ICWA has helped prevent Native children from being taken away from their families, Native children are still disproportionately more likely to get removed from their home or community than other children.

“The importance of the statutory provisions declared unconstitutional underscores the need for this Court’s review. … ICWA’s provisions thus remain essential and are frequently applied in state courts across the country,” the agency said.

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