In June, the Supreme Court issued its long-awaited decision in Brackeen v. Haaland upholding the federal Indian Child Welfare Act. Enacted in 1978, the ICWA affirms tribal jurisdiction over state child welfare matters and sets uniform standards for child welfare cases involving Indian children. As the Court recognized, the law was a necessary and largely successful action by Congress to reverse decades of federal and state campaigns to remove Native children from their homes and sever ties between tribes and their children. The Court rejected several challenges to the law that, if accepted, would have had devastating consequences for children, families, and tribal sovereignty. 

Brackeen was a major victory for tribes and Native children. The majority opinion by Justice Barrett, and concurring arguments by Justice Gorsuch, addressed questions about Congressional power over Indian affairs, tribal sovereignty, and equal protection. As a follow up to our November 2022 webinar, which explored the various arguments and the impact of a potential decision on tribal courts and jurisdiction, this webinar will bring together experts in the field to explain the decision, its practical and jurisprudential significance, and what it portends for future cases involving the ICWA and tribal sovereignty.

Featured Panelists

• Brooke Pinkham, staff director of the Center for American Indian Law & Policy at Seattle University of Law
• Kathryn Fort, director of clinics, director of the Indian Law Clinic at Michigan State University College of Law
• Gregory Ablavsky, Marion Rice Kirkwood professor of Law at Stanford Law School
• Bethany Berger, Wallace Stevens professor of Law at UConn School of Law
• Alyssa Connolly, tribal attorney, Stillaguamish Tribe of Indians
• Debra Gee, chief counsel, Office of Tribal Justice Administration Chickasaw Nation