Supreme Court preserves preference for Native American families to adopt, foster Native children

The Supreme Court on Thursday upheld the 1978 Indian Child Welfare Act, which gives Native American families preference in the foster care and adoption of Native children. 

Justices Samuel Alito and Clarence Thomas dissented in the 7-2 ruling. 

The plaintiffs in this case said the legislation "exceeds federal authority, infringes state sovereignty, and discriminates on the basis of race," Justice Amy Coney Barret wrote in the majority opinion. 

"The issues are complicated," she also wrote. "But the bottom line is that we reject all of petitioners’ challenges to the statute, some on the merits and others for lack of standing."

Congress had passed the law in response to the high rate that Native American and Alaska Native children were being taken away from their families by private and public groups. The law requires states to inform tribes and try to place the children with extended family, members of their tribe or other Native American families. 

Madeleine Hubbard is an international correspondent for Just the News. Follow her on Twitter or Instagram.