Haaland v. Brackeen (599 U.S. 255)
U.S. Supreme Court · decided June 15, 2023 · Supreme Court Database (Spaeth)
- Citation
- 599 U.S. 255 · 143 S. Ct. 1609
- Decided
- June 15, 2023
- Term
- October Term 2022
- Vote
- 7–2
- Majority author
- Justice Barrett
- Issue area
- Civil Rights
- Disposition
- Affirmed and reversed (or vacated) in part and remanded
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2022 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus HAALAND, SECRETARY OF THE INTERIOR, ET AL. v. BRACKEEN ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 21–376. Argued November 9, 2022—Decided June 15, 2023* This case arises from three separate child custody proceedings governed by the Indian Child Welfare Act (ICWA), a federal statute that aims to keep Indian children connected to Indian families. ICWA governs state court adoption and foster care proceedings involving Indian chil- dren. Among other things, the Act requires placement of an Indian child according to the Act’s hierarchical preferences, unless the state court finds “good cause” to depart from them. 25 U. S. C. §§1915 (a), (b). Under those preferences, Indian families or institutions from any tribe (not just the tribe to which the child has a tie) outrank unrelated non-Indians or non-Indian institutions. Further, the child’s tribe may pass a resolution altering the prioritization…
Excerpt of a 272,349-character opinion. The full text and citation network load in the interactive viewer above.