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Brackeen v. Haaland

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-380 5th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the Indian Child Welfare Act of 1978’s placement preferences — which disfavor non-Indian adoptive families in child-placement proceedings involving an “Indian child” and thereby disadvantage those children — discriminate on the basis of race in violation of the U.S. Constitution; and (2) whether ICWA’s placement preferences exceed Congress’s Article I authority by invading the arena of child placement — the “virtually exclusive province of the States,” as stated in Sosna v. Iowa — and otherwise commandeering state courts and state agencies to carry out a federal child-placement program.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 03 2021Petition for a writ of certiorari filed. (Response due October 8, 2021)
Sep 24 2021Motion to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.
Sep 27 2021Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2021, for all respondents.
Oct 04 2021Brief amicus curiae of State of Ohio filed.
Oct 05 2021Brief amicus curiae of Project on Fair Representation filed.
Oct 08 2021Brief amici curiae of Christian Alliance for Indian Child Welfare, et al. filed.
Oct 08 2021Brief amici curiae of Goldwater Institute, et al. filed.