Fifth Circuit Court Rules in Favor of the Indian Child Welfare Act >>

August 9th, 2019

Fifth Circuit Court Rules in Favor of the Indian Child Welfare Act, Overturns Lower Court Ruling

Today, the Fifth Circuit Court of Appeals issued its decision in Brackeen v. Bernhard. The Circuit Court upheld the constitutionality of the Indian Child Welfare Act (ICWA), reversing the decision of the Northern District of Texas. 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.

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