To:
Indian Gaming Association Member Tribes
From:
Ernie Stevens Jr., Chairman Jason Giles, Executive Director
Re:
Supreme Court Upholds ICWA: Major Victory For Tribal Governments
Date:
June 15, 2023
In a major victory for Indian Country today, the Supreme Court issued a ruling in the Haaland v. Brackeen case. The Supreme Court dismissed all counts and upheld the constitutionality of the Indian Child Welfare Act (ICWA). This ruling is a significant victory for Indian country and will impact other pending cases challenging Tribal economic development and water rights. It also ensures that longstanding federal Indian Law precedents will remain in place. Chairman Ernie Stevens Jr., issued a statement: “I want to congratulate the Tribal Governments in the case that stood firm throughout this years long process to defend ICWA and Tribal Sovereignty. This is a much-needed victory given recent court decisions and our hope is that the U.S. Government and the Biden Administration will continue to defend and uphold the federal trust responsibility to Indian Country.” IGA wants to acknowledge the original Tribal Nations to the suit whose perseverance and unwavering defense of Tribal Sovereignty and our Indian children has resulted in a historic Supreme Court decision: Oneida Tribe of Wisconsin, Navajo Nation, Cherokee Nation, Ysleta Del Sur Peublo, and the White Earth Band of Ojibwe Indians. SCOTUS ICWA Decision Justice Amy Coney Barrett wrote the majority opinion and was joined by Chief Justice Roberts and Justices Gorsuch, Sotomayor, Kagen, Kavanaugh, and Jackson in the 7-2 majority decision. Justice Gorsuch wrote a separate concurring opinion that Justices Sotomayor and Jackson joined. Justices Thomas and Alito filed separate dissenting opinions. The petitioners challenged provisions of ICWA as unconstitutional, claiming that it exceeds Congress's power to enact laws relating to Tribes and tribal citizens. The majority decision upheld Congress’ plenary power to pass laws protecting Tribal jurisdiction pursuant to the Interstate Commerce Clause of the Constitution. The majority decision stated: "..we held more than a century ago that" 'commerce with the Indian tribes means commerce with the individuals composing those tribes.' So that argument is a dead end."
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