In Brackeen v. Bernhardt, decided on Aug. 9, 2019, the U.S. Court of Appeals for the Fifth Circuit held that the ICWA was constitutional. A few days later the ABA Journal reported that its House of Delegates approved a resolution declaring the ICWA constitutional. The article noted that in recent years the ICWA has been attacked by politically conservative legal organizations as unconstitutional. We applaud the Fifth Circuit for upholding this federal law that is vital to safeguarding the welfare of Indian children.
