Gorsuch, J., concurring
until every Indian child was in a white home.” D. Otis, The Dawes Act and the Allotment of Indian Lands 68 (1973). In some respects, outing-system advocates were ahead of their time. The program they devised laid the groundwork for the system of mass adoption that, as we shall see, eventually moved Congress to enact ICWA many decades later.
In 1928, the Meriam Report, prepared by the Brookings Institution, examined conditions in the Indian boarding schools. It found, “frankly and unequivocally,” that “the provisions for the care of the Indian children … are grossly inadequate.” Meriam Report 11. It recommended that the federal government “accelerat[e]” the “mov[e] away from the boarding school” system in favor of “day school or public school facilities.” Id., at 35. That transition would be slow to materialize, though. As late as 1971, federal boarding schools continued to house “more than 17 per cent of the Indian school-age population.” W. Byler, The Destruction of American Indian Families 1 (S. Unger ed. 1977) (AAIA Report).
B
The transition away from boarding schools was not the end of efforts to remove Indian children from their families and Tribes; more nearly, it was the end of the beginning. As federal boarding schools closed their doors and Indian children returned to the reservations, States with significant Native American populations found themselves facing significant new educational and welfare responsibilities. Historians Brief 13–18. Around this time, as fate would have it, “shifting racial ideologies and changing gender norms [had] led to an increased demand for Indian children” by adoptive couples. M. Jacobs, Remembering the “Forgotten Child”: The American Indian Child Welfare Crisis of the 1960s and 1970s, 37 Am. Indian Q. 136, 141 (2013). Certain States saw in this shift an opportunity. They could “save … money” by “promoting the adoption of
