It is a grim sign for tribal sovereignty that the Supreme Court will hear oral arguments this week in Haaland v. Brackeen. The justices will consider whether the Indian Child Welfare Act, or ICWA, which has governed adoption proceedings for Native children for the last 44 years, is a constitutional use of Congress’s plenary powers over tribal affairs. Congress passed the law in 1978 to end a series of practices that collectively amounted to cultural genocide: the adoption of Native children by non-Native families who then effectively severed their connections with their tribes and their cultures.However, Wednesday’s oral arguments are not strictly about the ICWA, as the law is also known. At
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