More articles

Fifth Circuit Holds Indian Child Welfare Act is Constitutional

The Fifth Circuit Court of Appeals reversed a 2018 district court decision and held the Indian Child Welfare Act (ICWA): (1) does not amount to race-based discrimination in violation of the Equal Protection Clause; (2) does not violate the Tenth Amendment’s anti-commandeering doctrine; and (3) does not violate the non-delegation doctrine of Article 1 of the U.S. Constitution. The Fifth Circuit also held the Bureau of Indian Affairs (BIA) had authority to promulgate its 2016 ICWA regulations.