The Supreme Court - February 28, 2022

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Brackeen v. Haaland, No. 21-380: The Supreme Court granted review in this case (and three other consolidated cases), all of which involve the constitutionality of several provisions of the Indian Child Welfare Act (ICWA). The issues presented are: (1) whether the ICWA’s placement preferences discriminate on the basis of race in violation of the U.S. Constitution; and (2) whether ICWA’s placement preferences exceed Congress’s Article I authority by invading the arena of child placement and otherwise commandeering state courts and state agencies to carry out a federal child-placement program.

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