The Texas Tribune: 5th Circuit upholds Indian Child Welfare Act as constitutional, reversing lower court

A coalition of tribal leaders, who have watched the case carefully, cheered the appeals court’s ruling, which they said “reaffirmed what we already knew: the Indian Child Welfare Act is constitutional and serves the best interests of children and families.”

“We are pleased that the court followed decades of legal precedent in its ruling, preserving a law that protects Indian children and allows them to retain their identity by staying within their families and tribal communities,” Cherokee Nation Principal Chief Bill John Baker, Morongo Band of Mission Indians Chairman Robert Martin, Oneida Nation Chairman Tehassi Hill and Quinault Indian Nation President Fawn Sharp said in a joint statement. The four tribes had intervened in the case to defend the law. The law, they said, “ensures that we have a process in place focusing first and foremost on the welfare and safety of children.”

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