The Indian Child Welfare Act is before the Supreme Court. What is it?

Almost a decade ago, the Supreme Court heard oral arguments in the case of Adopted Couple v. Baby Girl.

The 2013 case hinged on several provisions of the Indian Child Welfare Act, a piece of federal law that gives tribal governments exclusive jurisdiction over children who reside on a reservation.

Fast forward to 2022 and the Indian Child Welfare Act is before the country’s highest court yet again.

Earlier this month, the Supreme Court heard oral arguments in the case Haaland v. Brackeen. That’s another legal action about who gets precedence when it comes to adopting Native children.

What does the Indian Child Welfare Act really do? And if the Court strikes it down, what would that mean for tribal law, and for Native Americans?