The Supreme Court of the United States Has Upheld ICWA by a 7-2 Vote
ICWA also does not violate the Tenth Amendment’s anticommandeering doctrine. ICWA’s “active efforts” and “diligent search” requirements apply equally to state and private actors.
Federal Appeals Court Keeps - And Strikes - Parts Of Indian Child Welfare Act
The 5th U.S. Circuit Court of Appeals has upheld the constitutionality of the Indian Child Welfare Act, while at the same time finding that certain provisions of the Act should be stricken.