Haaland v. Brackeen was a Supreme Court of the United States case brought by the states of Texas, Louisiana, and Indiana, and individual plaintiffs, that sought to declare the Indian Child Welfare Act (ICWA) unconstitutional. In addition to Haaland v. Brackeen (Docket No. 21-376), three additional cases were consolidated to be heard at the same time: Cherokee Nation v. Brackeen (Docket No. 21-377), Texas v. Haaland (Docket No. 21-378), and Brackeen v. Haaland (Docket No. 21-380).
The matter originally came up in a Texas District Court on an adoption petition filed by Chad and Jennifer Brackeen. After their effort was challenged by the Navajo Nation, the Brackeens brought suit in the U.S. District Court in Fort Worth. The Cherokee Nation, Oneida Nation, Quinault Indian Nation, and Morongo Band of Mission Indians intervened in the case. The U.S. District Court declared that the ICWA was unconstitutional and the case was appealed.
The Fifth Circuit Court of Appeals reversed the District Court in a panel opinion. The full court, on rehearing the case en banc, held that parts of the law, that set federal standards for lower and state courts, were constitutional, but that the parts of the law that required state agencies to perform certain acts were unconstitutional as a violation of the Tenth Amendment.
The Supreme Court heard the case on November 9, 2022, and the decision was handed down on June 15, 2023. In a 7–2 ruling, the Supreme Court affirmed the Fifth Circuit's determination that the ICWA is consistent with congressional powers. The appellant claims of state commandeering were rejected, reversing the Fifth Circuit's decision. No determinations were made as to appellant Fourteenth Amendment claims for lack of standing.
Background
Indian Child Welfare Act
In 1978, the Congress enacted a law to protect American Indian children from removal from their tribes to be adopted by non-Indians. As many as 35 percent of Indian children were being removed from their homes, mainly from intact families, and being placed in non-Indian homes. This was often not in the best interest of the child, but for racial reasons, with "programs that took Native American children from their homes and placed them into boarding schools as part of a targeted process of assimilation."
Congress established the following order of priorities for placing an Indian child who had to be removed from a home. First, the child should be placed with a member of the child's extended family, other members of the child's tribe, or other Indian families. Second, the child could be placed in a foster home approved by the child's tribe, or third, in a foster home approved by the state or other non-Indian authority. Finally, they could be placed in an institution operated or approved by an Indian tribe.
Brackeen adoption attempt
In June 2016, a 10-month-old Navajo boy was placed with Chad and Jennifer Brackeen, a former civil engineer and an anesthesiologist, respectively, after his Navajo mother (who lived in Texas) was found to be using drugs. The father of the child is Cherokee. In 2017 a Texas state court terminated the parental rights of both the biological parents. Under the provisions of the ICWA, the Navajo Nation stepped in and sought to place the child with a Navajo family, but that failed and the Brackeens were allowed to adopt the child. The Brackeens later attempted to adopt the boy's sister in state court, but the girl's extended family also sought to take in the girl. The Brackeens then filed suit in federal court to overturn the ICWA on the grounds of racial discrimination.
State trial court
The adoption petition for the sister by the Brackeens was heard in state District Court by Judge Alex Kim, who stated that ICWA violated the Texas Constitution. In state court, the Brackeens argued that they had more money than the child's Navajo relations, and would therefore be better for the child. Following the presentation of evidence, the state's attorney stated that according to state guidelines, the child should be placed with her Navajo family. Judge Kim disagreed and placed the child with the Brackeen family, but allowed limited visitation with her Navajo family. Both sides were unhappy with portions of the decision and appealed, settlement was subsequently reached and the state appeal was dismissed.