Team’s Petition Urges US Supreme Court to Take Important Case Defending the Indian Child Welfare Act

On September 3, the firm filed a petition for certiorari that urges the US Supreme Court to review the Fifth Circuit’s decision declaring unconstitutional aspects of the Indian Child Welfare Act (ICWA).In 1978, Congress enacted ICWA to combat an unprecedented crisis threatening Indian children, families, and Tribes. More than a quarter of Indian children were removed from their homes, with many of those removals unwarranted and reflecting ignorance of, or outright hostility toward, Indian families and culture. Over the past 40 years, ICWA’s pro-child and pro-family standards have come to be regarded as the “gold standard” for child welfare. And ICWA continues to play an essential role in protecting Indian children, families, and Tribes. Recently, however, a sharply divided Fifth Circuit invalidated important aspects of ICWA. Now, the firm’s petition asks the Supreme Court to take up the case and reverse the errors in the Fifth Circuit’s decision. The petitioners include four Indian tribes: the Cherokee Nation, Oneida Nation, Quinault Indian Nation, and Morongo Band of Mission Indians.

The team includes Partners Ian Heath Gershengorn, Keith M. Harper, Sam Hirsch, and Zachary C. Schauf and Associates Illyana A. Green and Victoria Hall-Palerm.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Team’s Petition Urges US Supreme Court to Take Important Case Defending the Indian Child Welfare Act

On September 3, the firm filed a petition for certiorari that urges the US Supreme Court to review the Fifth Circuit’s decision declaring unconstitutional aspects of the Indian Child Welfare Act (ICWA).In 1978, Congress enacted ICWA to combat an unprecedented crisis threatening Indian children, families, and Tribes. More than a quarter of Indian children were removed from their homes, with many of those removals unwarranted and reflecting ignorance of, or outright hostility toward, Indian families and culture. Over the past 40 years, ICWA’s pro-child and pro-family standards have come to be regarded as the “gold standard” for child welfare. And ICWA continues to play an essential role in protecting Indian children, families, and Tribes. Recently, however, a sharply divided Fifth Circuit invalidated important aspects of ICWA. Now, the firm’s petition asks the Supreme Court to take up the case and reverse the errors in the Fifth Circuit’s decision. The petitioners include four Indian tribes: the Cherokee Nation, Oneida Nation, Quinault Indian Nation, and Morongo Band of Mission Indians.

The team includes Partners Ian Heath Gershengorn, Keith M. Harper, Sam Hirsch, and Zachary C. Schauf and Associates Illyana A. Green and Victoria Hall-Palerm.

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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