Supreme Court supports racism in Indian Child Welfare Act ruling.

The Supreme Court’s recent ruling on the Indian Child Welfare Act (ICWA) has sparked controversy and raised important questions about the rights of American Indian children. Read the full ruling here.

Passed in 1978, the ICWA was intended to protect Indian culture by prioritizing tribal custody for children with even a small percentage of Indian heritage. However, in practice, this has led to situations where adoptive parents can have their children taken away from them, causing immense pain and disruption.

What makes the ICWA particularly controversial is that it prioritizes the wishes of Indian tribes over the best interests of the child. This means that children can end up in unfamiliar and often disadvantaged environments, far away from the only parents they’ve ever known.

[READ: The Indian Child Welfare Act Is Institutionalized Racism]

In the case of Haaland v. Brackeen, plaintiffs argued that the ICWA violated the Equal Protection clause and exceeded congressional authority. While the Supreme Court upheld Congress’ power to regulate child custody claims, it did not address the racial implications of the law.

Justice Amy Coney Barrett, who authored the majority opinion, emphasized that Congress has the authority to regulate child custody cases, even though it lacks a general power over domestic relations. Justices Clarence Thomas and Samuel Alito dissented, expressing concerns about the rights and interests of the children and their parents.

Tristan Justice, the western correspondent for The Federalist, has been closely following this case and its implications. He is the author of Social Justice Redux, a conservative newsletter that explores culture, health, and wellness. Tristan’s work has been featured in various publications, including The Washington Examiner and The Daily Signal. He graduated from George Washington University with a major in political science and a minor in journalism. Connect with him on Twitter at @JusticeTristan or email him at [email protected]. Don’t forget to sign up for Tristan’s email newsletter here.

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