Mike Andrews Quoted on SCOTUS Oral Argument Over Constitutionality of Indian Child Welfare Act

November 23, 2022

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On November 10, 2022, McGuireWoods Consulting senior vice president Mike Andrews was quoted by Oklahoma NBC TV News Station KFOR-TV on a U.S. Supreme Court oral argument over the constitutionality of the Indian Child Welfare Act.

The case, Brackeen v. Haaland, looks at a 1978 law that prioritizes keeping Native American children in Native American families during foster care and adoption proceedings. The law was adopted after concerns that children were often removed from Indian families and placed in non-Indian ones.

Andrews noted: “Congress acted as a preventative measure and said, ‘No, the Native communities are better served to take care of Native kids.’ It’s working [and] it’s been a bright light to many communities to develop and of course, enhance their tribal community numbers.”

Andrews also stated: “If [the law is] struck down, then you’re going to see a little bit more divisiveness for these for these children and it’ll be up to the state, perhaps, to determine what will be the best interest for the child.”