August 9, 2019
Fifth Circuit Court Rules in Favor of the Indian Child Welfare Act
In Victory for Tribes, Circuit Court Overturns Lower Court Ruling
FOR IMMEDIATE RELEASE
August 9, 2019

TODAY, the United States Fifth Circuit Court of Appeals issued its decision in Brackeen v. Bernhard , where it upheld the constitutionality of the Indian Child Welfare Act (ICWA), reversing the decision of the Northern District of Texas. In its decision ( available here ), the Circuit Court found ICWA to be constitutional because it is based on a political classification that is rationally related to the fulfillment of Congress’ unique obligation toward Indians.

"The National Indian Health Board is very pleased that the Fifth Circuit Court ruled in favor of the Indian Child Welfare Act," said NIHB Chairperson Victoria Kitcheyan. "The Court's ruling affirms the federal government's unique political relationship with Tribes. We hope that this groundbreaking law will continue to help keep Indian families whole."

Earlier this year, NIHB, along with 325 Tribal nations and 57 Tribal organizations signed on to an amicus brief supporting ICWA. This followed passage of a resolution by the NIHB Board of Directors in strong support of ICWA in 2018.

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