What Next: Will SCOTUS Take Native Children Away From Their Families?

The Supreme Court case Brackeen v. Haaland concerns how adoption placement currently works under the Indian Child Welfare Act. The law prioritizes placing Native children with Native families. But depending on how the court rules, striking down or changing ICWA could affect not only adoption but Indian tribes’ entire status as sovereign nations. 

Guest: Elizabeth Hidalgo Reese, Stanford law professor and scholar of American Indian tribal law, federal Indian law, and constitutional law.

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The Supreme Court case Brackeen v. Haaland concerns how adoption placement currently works under the Indian Child Welfare Act. The law prioritizes placing Native children with Native families. But depending on how the court rules, striking down or changing ICWA could affect not only adoption but Indian tribes’ entire status as sovereign nations. 

Guest: Elizabeth Hidalgo Reese, Stanford law professor and scholar of American Indian tribal law, federal Indian law, and constitutional law.

If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get benefits like zero ads on any Slate podcast, bonus episodes of shows like Slow Burn and Amicus—and you’ll be supporting the work we do here on What Next. Sign up now at slate.com/whatnextplus to help support our work.

Learn more about your ad choices. Visit megaphone.fm/adchoices