What the Supreme Court Decision Upholding the Indian Child Welfare Act Did Not Decide

The Supreme Court decided on June 15, 2023, in Haaland v. Brackkeen that the Indian Child Welfare Act ("ICWA") passed in 1978 was constitutional and that its terms should be upheld. That statute which governs state court adoptions and foster care proceedings involving Native American children aims to keep Native American children connected to Native American families. The legal underpinnings of the decision are not discussed here. Rather, what is addressed is what the majority opinion by Justice Barrett did not decide: the equal protection challenge to the Act and its concomitant implications.