Indian Child Welfare Act Found Unconstitutional

Law360 (October 5, 2018, 7:40 PM EDT) -- A federal judge has handed Texas, two other states and several foster families a quick win on most of their claims in a suit challenging the Indian Child Welfare Act, ruling that the law is race-based and unconstitutionally gives tribes too much power over states to decide how to implement it in adoption and custody cases.

Texas, Louisiana and Indiana brought suit against the federal government alongside Chad and Jennifer Brackeen, a non-Native American couple who fostered a Native American child, and others seeking to strike down ICWA, claiming that the law violated the U.S. Constitution by using racial preferences in placing...

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