Cato joins amicus brief challenging Indian Child Welfare Act

“For Congress to impose a racialized and non-neutral regime on parents and children is not only unwise and unfair, but unconstitutional.” The Cato Institute has joined an amicus brief challenging the Indian Child Welfare Act (ICWA) in the Fifth Circuit case of Brackeen v. Bernhard. I’ve got more details in a new post at Cato at Liberty. Earlier on ICWA here.


  • Under ICWA, Indian non-relatives are preferred over non-Indian relatives? If that’s the case, how does that work?

  • Indian reservations can also deny services to non native parents if they have an open case with them. This is a racist law….as a native American raised on a reservation I would love to take action against my reserve for unethical use of law and power. Anyone know how I can challenge them.