Big Win for Tribal Sovereignty: Indian Child Welfare Act Upheld by Supreme Court in Surprise Ruling

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We speak with Cherokee journalist Rebecca Nagle about a major victory at the Supreme Court in a case that could have gutted Native American sovereignty. In a surprise 7-2 ruling Thursday, the court upheld the 1978 Indian Child Welfare Act, which protects Native children from being removed from their tribal communities for fostering or adoption in non-Native homes. The court rejected an argument from Republican-led states and white families who argued the system is based on race. Nagle has covered the case closely for The Nation and her podcast, This Land, and says the far right is attacking the Indian Child Welfare Act as part of a broader conservative agenda to destabilize federal Indian law. She calls the decision “really encouraging,” noting it is “good not just for Native nations and families, but for the rule of law.”

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