Opinion of the Court
“fairly traceable” to the placement preferences, which “operate independently” of the provisions Texas identifies. California, 593 U. S., at ___ (slip op., at 15). The provisions do not rise or fall together; proving that the placement preferences are unconstitutional “would not show that enforcement of any of these other provisions violates the Constitution.” Ibid. In other words, Texas would continue to incur the complained-of costs even if it were relieved of the duty to apply the placement preferences. The former, then, cannot justify a challenge to the latter.
Because Texas is not injured by the placement preferences, neither would it be injured by a tribal resolution that altered those preferences pursuant to §1915(c). Texas therefore does not have standing to bring either its equal protection or its nondelegation claims.[1] *** For these reasons, we affirm the judgment of the Court of Appeals regarding Congress’s constitutional authority to enact ICWA. On the anticommandeering claims, we reverse. On the equal protection and nondelegation claims, we vacate the judgment of the Court of Appeals and remand with instructions to dismiss for lack of jurisdiction.
- ↑ Although the individual petitioners join Texas’s nondelegation challenge to §1915(c), they raise no independent arguments about why they would have standing to bring this claim. Brief for Individual Petitioners 41, n. 6; Brief for Federal Parties 79, n. 14.
