Based on the quick reading of the U.S. Supreme Court decision in Haaland v. Brackeen, the vote in support of the Indian Child Welfare Act appears to be 7-2.

Justice Amy Coney Barrett authors the court's opinion in the historic case.
#Brackeen #ICWA #DefendICWA #ProtectICWA

In majority opinion, Justice Amy Coney Barrett writes in support of the tribal position when it comes to legality of Indian Child Welfare Act: 'In sum, Congress’s power to legislate with respect to Indians is well established and broad.' #Brackeen #ICWA #DefendICWA #ProtectICWA

Justice Barrett continues in support of #ICWA : 'Consistent with that breadth, we have not doubted Congress’s ability to legislate across a wide range of areas, including criminal law, domestic violence, employment, property, tax, and trade.' #Brackeen #DefendICWA #ProtectICWA

Justice Neil Gorsuch in concurring #ICWA opinion: 'The Indian Child Welfare Act did not emerge from a vacuum. It came as a direct response to the mass removal of Indian children from their families during the 1950s, 1960s, & 1970s by state officials & private parties.' #Brackeen

Justice Gorsuch explains while Indian Child Welfare Act exists: 'In all its many forms, the dissolution of the Indian family has had devastating effects on children and parents alike.' #Brackeen #DefendICWA #ProtectICWA #ICWA

Justice Gorsuch in support of tribes in Indian Child Welfare Act case: 'It has also presented an existential threat to the continued vitality of Tribes—something many federal and state officials over the years saw as a feature, not as a flaw.' #Brackeen #DefendICWA #ProtectICWA

In explaining need for Indian Child Welfare Act, Justice Gorsuch cites ongoing investigation US Department of the Interior of Indian boarding schools: 'So as they ceded their lands, Tribes also negotiated 'more than 150' treaties with the United States that included 'education-related provisions.''

Justice Gorsuch adds this nugget in explaining the sovereignty of Indian nations--as understood for CENTURIES: 'We now know that, at the founding, the Tribes retained their sovereignty. We know also that States have virtually no role to play in managing interactions with Tribes.'

Justice Gorsuch on Indian Country-isms:'This observation sheds light on why ordinary speakers use the two terms differently. It explains, for instance, why it is grammatical to say you are vacationing 'in Colorado,' but not to say you are vacationing 'in Navajo.'' #ICWA #Brackeen

More from Justice Gorsuch on historic decision in Indian Child Welfare Act case: 'Today, the Court takes further steps in the right direction. It recognizes that Congress’s powers with respect to the Tribes 'derive from the Constitution, not the atmosphere.'' #ICWA #Brackeen

Justice Gorsuch continues: 'By now, the full picture has come into view and it is easy to see why ICWA must stand. Under our Constitution, Tribes remain independent sovereigns responsible for governing their own affairs.' #ICWA #Brackeen #DefendICWA #ProtectICWA