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Current Issues Blog

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Brackeen v. Haaland: Challenging the Indian Child Welfare Act

October 27, 2021

The case of Brackeen v. Haaland is currently facing the U.S. Supreme Court. The case calls into question the constitutionality of the Indian Child Welfare Act (ICWA) of 1978. The two major questions in the case are: (1) Is the ICWA unconstitutional on the basis of racial discrimination because of its favoring of Native families […]