Fifth Circuit Court of Appeals Issues En Banc Decision in Brackeen v. Haaland (formerly Brackeen v. Bernhardt)

Today, the United States Fifth Circuit Court of Appeals published its en banc decision in Brackeen v. Haaland, a case challenging the constitutionality of the Indian Child Welfare Act (ICWA). While the Protect ICWA Campaign is pleased to see that the court recognized that ICWA generally is within Congress’s authority, we are deeply concerned that aspects of this opinion misunderstand the unique relationship between the United States and tribal nations.

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Protect ICWA Campaign Partners to Attend Fifth Circuit Court’s Brackeen v. Bernhardt Rehearing

On Wednesday, January 22 the full United States Fifth Circuit Court of Appeals (Fifth Circuit) will rehear Brackeen v. Bernhardt, a case challenging the constitutionality of the Indian Child Welfare Act (ICWA), and the Protect ICWA Campaign and its coalition partners will be there, on behalf of Indian Country, to show support for the 41-year-old law that protects the best interests of Indian children and families.

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United States Supreme Court Denies Review in ICWA Case

(Portland, Ore., May 30, 2019)—The Protect ICWA Campaign—the National Indian Child Welfare Association, the National Congress of American Indians, the Association on American Indian Affairs, and the Native American Rights Fund—applauds the U.S. Supreme Court’s...

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