Supreme Court's Sidestep Leaves Native Kids Without Answers

On June 15, the Supreme Court refused to address some of the toughest questions about the Indian Child Welfare Act (ICWA), including the scope of Congress' power with regard to tribes and whether the Act's racial classifications violate the Equal Protection Clause. The Court may have saved itself from having to make yet another controversial decision this term, but its temporary punt ensures the case will be back before the justices in the future.

The ICWA governs foster and adoption proceedings for  Indian children. It was enacted in response to a sad...