The Supreme Court leaves Indian Child Welfare Act intact

Light illuminates part of the Supreme Court building in Washington on Nov. 16, 2022.

Patrick Semansky / Patrick Semansky

In a major victory for Native American rights, the U.S. Supreme Court on Thursday upheld key provisions of the Indian Child Welfare Act, a law enacted 45 years ago to remedy decades of past government abuse.

By a 7-2 vote, the court ruled that the law does not impermissibly impose a federal mandate on traditionally state-regulated areas of power.

Writing for the court majority, Justice Amy Coney Barrett pointed to two centuries of precedent that have established a broad congressional right to legislate on Indian affairs, including family law matters.