Court strikes key provision of Indian child welfare law
April 7, 2021
Legal experts are deeply concerned about an “incredibly divisive” ruling from a federal appeals court that struck down parts of a law giving Native American families preference in the adoption of Native American children.
The ruling by a sharply divided U.S. 5th Circuit Court of Appeals is seen as a defeat for tribal leaders who said the 1978 Indian Child Welfare Act was important to protecting their families and culture.
Mary Kathryn Nagle, Cherokee, is a partner with the law firm Pipestem and Nagle, and specializes in federal Indian law. She called the 5th Circuit ruling “incredibly divisive” and said “certain parts of this decision are incorrect.”