A federal district court has declared the federal Indian Child Welfare Act (ICWA) unconstitutional on grounds that it violates the Tenth Amendment anti-commandeering doctrine. The judge also ruled that ICWA violates the Fifth Amendment’s equal protection and due process clauses by imposing a broad racial classification on potential Indian children and also the non-delegation doctrine by delegating congressional power to tribal governments. ICWA sets minimum federal standards for the removal of Indian children and placement of such children in homes that, according to the statute, “reflect the unique values of Indian culture.” The lawsuit was brought by a group of individual plaintiffs, as well as the states of Texas, Louisiana, and Indiana. Read more here.
