Muscogee Nation officials were pleased to hear the opinion released by the Supreme Court today in Brackeen v. Haaland.
The Brackeen v. Haaland case revolves around the Indian Child Welfare Act, a law that regulates the adoption of Native American children. The law prioritizes the child’s extended family, tribal members, or other Indian families in adoption and fostering. Non-Native individuals, along with three states, filed a lawsuit against the federal government, claiming that the statute is unconstitutional.
Muscogee Nation, along with nearly 500 other tribes, signed an amicus brief detailing the importance of upholding ICWA as an exercise of the trust responsibility and the political importance of Native nations.
Today, the Supreme Court sided with tribal nations and upheld the constitutionality of ICWA.
Statement from Principal Chief David Hill: “For centuries tribal nations have been fighting to govern as sovereigns to protect our own, and the very core of that is being upheld by this decision. Today’s decision strengthens our ability to protect the most vulnerable among us.”
Statement from Attorney General Wisner: “Today, the United States Supreme Court issued its decision that clearly upheld and defended the Indian Child Welfare Act. The Brackeen ruling acknowledged what Tribal Nations have known all along: that the Indian Child Welfare Act does not exceed federal authority; does not infringe upon state sovereignty; nor does it discriminate upon the basis of race. Today is a good day for our Indian Nations, families and children.”
Statement from MCN Children and Family Services Administration Director Michelle Bender: “The Muscogee Nation strongly believes in the importance of protecting and preserving the Nation’s strongest resources, our children and families. We are pleased and applaud today’s ruling. The Nation believes ICWA is constitutional, necessary, and inherently upholds the sovereignty of the Nation by keeping Native children and families together. With upholding ICWA, the United States Supreme Court continued to uphold the United States’ promise to protect Native American children and families.”