October 21, 2021

Volume XI, Number 294

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U.S. Supreme Court Arguments in Indian Child Welfare Act "ICWA" Case Set for April 16

The Supreme Court has scheduled oral arguments for April 16 in the case of Adoptive Couple v. Baby Girl. The case involves important issues relating to the Indian Child Welfare Act (ICWA), including whether an Indian parent could object to an adoption of his child even though, under state law, he lacked parental standing and whether the ICWA applies when a child is not in an Indian home (see our February Update). The April argument means that the Court will almost certainly issue its decision before the end of its term in June.

The Court is waiting to hear the views of the Solicitor General of the United States before deciding whether to review two other Indian law cases. Michigan v. Bay Mills Indian Community presents the question whether tribal sovereign immunity bars the state from enforcing alleged violations of the Indian Gaming Regulatory Act (see our September 2012 Update). The issue in Madison County v. Oneida Indian Nation is the status of the New York Oneida Tribe's reservation (see our November 2011 Update).

Copyright © 2021 Godfrey & Kahn S.C.National Law Review, Volume III, Number 91
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About this Author

Brian Pierson Tribal Lawyer Godfrey Kahn Law Firm
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Brian Pierson leads Godfrey & Kahn's Indian Nations Law Team. Brian clerked for federal district judge Myron L. Gordon before entering private practice. Brian has more than 20 years experience representing Indian tribes, beginning with his successful representation of Chippewa Indians in federal court litigation to prevent racially-motivated interference with treaty-reserved, off-reservation fishing rights.

As leader of the firm's Indian Nations team, Brian's primary objective is to draw on the knowledge and experience of G&K's attorneys to assist tribes in formulating and...

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