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Racial Preference

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Supreme Court Upholds Indian Child Welfare and Adoption Law
law2 years ago

Supreme Court Upholds Indian Child Welfare and Adoption Law

The US Supreme Court upheld key provisions of the Indian Child Welfare Act, a law enacted 45 years ago to remedy past government abuse, by a 7-2 vote. The law established three preferences for the placement of Native children when they are adopted or put in foster care. The court's decision left one important question unresolved--whether the statute's system of preferences for Native adoptive parents amounts to an unconstitutional racial preference. Dissenting from Thursday's ruling were Justices Clarence Thomas and Samuel Alito.