Indian Child Welfare Law Is Third High Court ‘Color-Blind’ Test

The US Supreme Court is hearing the third case this term arguing for a “color-blind” application of the Constitution in challenging programs supporters say benefit Black Latino, and Native Americans.

Challengers in these cases say the post-Civil War Reconstruction Amendments prohibiting racial discrimination forbid governments and related institutions from using race in establishing voting districts, considering admissions in higher education, and—in the latest one—attempting to prevent the breakup of American-Indian families.

At issue in Haaland v. Brackeen, the case to be argued Wednesday, is the 1978 Indian Child Welfare Act that give preference to American-Indian families in the adoption ...