Arizona Public Radio | Your Source for NPR News
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

Native child welfare law faces major Supreme Court challenge

Attorney Mary Katherine Nagle, a citizen of the Cherokee Nation of Oklahoma, is seen during an interview with The Associated Press at the National Congress of American Indians' 79th Annual Convention and Market Place in Sacramento Calif., Nov. 2, 2022. The U.S. Supreme Court will hear arguments, Wednesday, Nov. 9 on the most significant challenge to the Indian Child Welfare Act since it passed in in 1978.
Rich Pedroncelli
/
AP Photo
Attorney Mary Katherine Nagle, a citizen of the Cherokee Nation of Oklahoma, is seen during an interview with The Associated Press at the National Congress of American Indians' 79th Annual Convention and Market Place in Sacramento Calif., Nov. 2, 2022. The U.S. Supreme Court will hear arguments, Wednesday, Nov. 9 on the most significant challenge to the Indian Child Welfare Act since it passed in in 1978.

The U.S. Supreme Court is set to hear arguments Wednesday on the most significant challenge to a law that gives preference to Native American families in foster care and adoption proceedings of Native children.

The outcome could undercut the 1978 Indian Child Welfare Act. It was enacted in response to the alarming rate at which Native American and Alaska Native children were taken from their homes by public and private entities.

Tribal leaders have long championed the law as a way to preserve Native families, traditions and cultures.

Three white families, Texas and a small number of states claim the law is race-based and unconstitutional.