Native Americans, tribal leaders and top Democrats hailed the US supreme court’s decision on Thursday to uphold federal protections for Native American children against removal from their tribal communities for fostering or adoption.
Following the announcement of the court’s 7-2 decision, several tribal leaders commended the supreme court’s ruling, calling it a “major victory for Native tribes, children, and the future of our culture and heritage”.
In a joint statement, the Cherokee Nation principal chief, Chuck Hoskin Jr, Morongo Band of Mission Indians chairman, Charles Martin, Oneida Nation chairman, Tehassi Hill, and Quinault Indian Nation president, Guy Capoeman, said: “It is also a broad affirmation of the rule of law, and of the basic constitutional principles surrounding relationships between Congress and tribal nations.
“We hope this decision will lay to rest the political attacks aimed at diminishing tribal sovereignty and creating instability throughout Indian law that have persisted for too long.”
The statement added: “By ruling on the side of children’s health and safety, the US constitution, and centuries of precedent, the justices have landed on the right side of history. ”
Gary Batton, chief of the Choctaw Nation of Oklahoma, also praised the ruling, saying in a statement that the Indian Child Welfare Act “remains a critical part of protecting Native American heritage and tribal sovereignty. We are glad to see the supreme court recognized the important benefits of ICWA and allowed the law to stand.”
Deb Haaland, the secretary of interior and first Native American to serve as a cabinet secretary for a US president, welcomed the decision, saying: “Today’s decision is a welcome affirmation across Indian Country of what presidents and congressional majorities on both sides of the aisle have recognized for the past four decades.”
President Joe Biden and Vice-President Kamala Harris also hailed the ruling, with Biden saying:“I stand alongside tribal nations as they celebrate today’s supreme court decision. This lawsuit sought to undermine the Indian Child Welfare Act– a vital law I was proud to support … The touchstone law respects tribal sovereignty and protects Native children by helping Native families stay together and, whenever possible, keeping children with their extended families or community who already know them, love them, and can help them understand who they are as Native people and citizens of their tribal nations.”
Harris called the decision a “victory of tribal sovereignty and Native communities”.
The Democratic senator Brian Schatz of Hawaii, chairman of the Senate Indian affairs committee, also celebrated the ruling.
“Scotus just validated what many have been saying for generations: the Indian Child Welfare Act is the gold standard of child welfare policy. This decision upholds the constitutionality of this law, respects tribal sovereignty, and protects the best interests of Indian children,” Schatz wrote in a tweet.
The American Civil Liberties Union also commented on the supreme court’s ruling, saying: “ICWA is fundamental – it’s a crucial part of tribes’ right to govern themselves, and protects children from being forcibly removed from their family, tribe, and culture. Now we’re calling on state governments to stand with Indigenous nations and incorporate ICWA into state laws.”
