Page:Haaland v. Brackeen.pdf/43

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Cite as: 599 U. S. ____ (2023)
1

Gorsuch, J., concurring

SUPREME COURT OF THE UNITED STATES


Nos. 21–376, 21–377, 21–378 and 21–380


DEB HAALAND, SECRETARY OF THE INTERIOR, ET AL., PETITIONERS
21–376v.21–376
CHAD EVERET BRACKEEN, ET AL.

CHEROKEE NATION, ET AL., PETITIONERS
21–377v.21–377
CHAD EVERET BRACKEEN, ET AL.

TEXAS, PETITIONER
21–378v.21–378
DEB HAALAND, SECRETARY OF THE INTERIOR, ET AL.

CHAD EVERET BRACKEEN, ET AL., PETITIONERS
21–380v.21–380
DEB HAALAND, SECRETARY OF THE INTERIOR, ET AL.

ON WRITS OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
[June 15, 2023]

Justice Gorsuch, with whom Justice Sotomayor and Justice Jackson join as to Parts I and III, concurring.

In affirming the constitutionality of the Indian Child Welfare Act (ICWA), the Court safeguards the ability of tribal members to raise their children free from interference by state authorities and other outside parties. In the process, the Court also goes a long way toward restoring the