Congress Erred In Passing Indian Child Welfare Act, 2 States Tell Supreme Court

Mealey's (June 2, 2022, 1:04 PM EDT) -- WASHINGTON, D.C. — The U.S. Constitution does not give Congress the power to regulate Indian child-custody proceedings within a state’s jurisdiction, so the Supreme Court should hold that Congress did not have the authority to enact the Indian Child Welfare Act (ICWA), Ohio and Oklahoma argue in a June 1 amicus curiae brief in four consolidated cases in the high court....