Page:Haaland v. Brackeen.pdf/33

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Cite as: 599 U. S. ____ (2023)
25

Opinion of the Court

federal statute.” Crosby v. National Foreign Trade Council, 530 U. S. 363, 372 (2000). End of story. That a federal law modifies a state law cause of action does not limit its preemptive effect. See, e.g., Hillman, 569 U. S., at 493–494 (federal law establishing an “ ‘order of precedence’ ” for beneficiaries of life insurance preempted state law); Egelhoff v. Egelhoff, 532 U. S. 141, 151–152 (2001) (Employee Retirement Income Security Act preempted state law regarding the economic consequences of divorce); Wissner v. Wissner, 338 U. S. 655, 660–661 (1950) (federal military benefits law preempted state community-property rules).

C

Finally, we turn to ICWA’s recordkeeping provisions. Section 1951(a) requires courts to provide the Secretary of the Interior with a copy of the final order in the adoptive placement of any Indian child. The court must also provide “other information as may be necessary to show” the child’s name and tribal affiliation, the names and addresses of the biological parents and adoptive parents, and the identity of any agency with information about the adoptive placement. Section 1915(e) requires the State to “maintai[n]” a record “evidencing the efforts to comply with the order of preference” specified by ICWA. The record “shall be made available at any time upon the request of the Secretary or the Indian child’s tribe.” Petitioners argue that Congress cannot conscript the States into federal service by assigning them recordkeeping tasks.[1]


  1. Though §1915(e) does not specify that the records be retained by state courts, as opposed to state agencies, context makes clear that a “record of each such placement” refers to the state court’s placement determination. See Mississippi Band of Choctaw Indians v. Holyfield, 490 U. S. 30, 40, n. 13 (1989). True, the provision leaves it up to the State whether to keep the records with a court or agency. See 25 CFR §23.141(c) (“The State court or agency should notify the BIA whether these records are maintained within the court system or by a State agency”). But allowing