November 09, 2022

Today, Partner Ian Heath Gershengorn will argue before the US Supreme Court in Brackeen v. Haaland on behalf of the Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, and Quinault Indian Nation. The case revolves around the Indian Child Welfare Act (ICWA), a federal law that ensures Native American children can stay within their tribal community and is the “gold standard” of child welfare laws. Mr. Gershengorn will defend the constitutionality of ICWA.

“It is an honor to be defending ICWA and the tribes in this fundamental case,” said Mr. Gershengorn. “As noted in our briefs, ‘a mountain of evidence—from 1978 to today—shows that ICWA provides an essential buffer against practices that continue to yield the unwarranted removal of Indian children.’”

Mr. Gershengorn discussed the case with NPR.

The Jenner & Block team on this matter includes Partners Ian Heath Gershengorn, Zachary C. Schauf, Ambassador Keith Harper and Associates Leonard R. Powell, Illyana A. Green, Victoria Hall-Palerm, and Kevin Kennedy.

Listen to oral arguments here.