'It's A Vindication': Cherokee Nation Chief Responds After SCOTUS Decision On ICWA

The US Supreme Court upheld the Indian Child Welfare Act, in a 7-to-2 decision released Thursday.

At the Cherokee Nation's Indian Child Welfare Department in downtown Tahlequah, employees are working to intervene in nearly 2,000 adoption and foster care cases at any given time.

Nothing will change when it comes to that work in relation to the Indian Child Welfare Act, after the Supreme Court upheld the 1978 law.

"It's a wonderful day. It's a vindication of a law that is very important. The Indian Child Welfare Act. It was designed to stop the loss of our greatest resource: the next generation,” Cherokee Nation Principal Chief Chuck Hoskin Jr. said.

Hoskin, who was in the courtroom for the oral arguments in November, said he was surprised Thursday because he thought it would be a closer decision, and had even braced for a loss.

The Indian Child Welfare Act works to give Native American families preference during foster care and adoption proceedings involving Native children.

A Texas couple argued that, among other things, the law discriminates on the basis of race.

In the opinion written by Justice Amy Coney Barrett, she says ".... the bottom line is that we reject all of petitioners’ challenges to the statute, some on the merits and others for lack of standing.”

"To be a 7 to 2 decision, that's very powerful,” Hoskin said. “And I think we take that as vindication but we also know in Indian Country we've got to remain vigilant because the next challenge is just around the corner."

Justices Thomas and Alito issued dissenting opinions, with Alito saying the majority's decision "disserves the rights and interests of these children and their parents.”