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Petitions filed to seek a Supreme Court review of whether ICWA is constitutional

The state of Texas, four Tribes and several parents filed petitions to ask the Supreme Court to review whether the Indian Child Welfare Act is constitutional.

The petitions call for the high court to review an April split decision by the U.S. Fifth Circuit Court of Appeals.

The justices ruled in the case of Brackeen v. Haaland that parts of ICWA were constitutional, while others weren’t.

Because of the split decision the ruling applies only to that judicial district which includes Texas, Louisiana, and Mississippi.

The original lawsuit challenged ICWA – alleging that it was unconstitutional for discriminating against non-Native families in the placement of Native children.

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