ICWA case denied at U.S. Supreme Court: N. R. v. Ellison

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On October 5, 2026, the U.S. Supreme Court declined to hear N.R. v. Ellison.

Court documents on the Tribal Supreme Court Project website

Questions presented:

  1. Whether ICWA and MIFPA unconstitutionally deny equal protection to “Indian” children and to non-”Indian” people who seek custody of them.
  2. Whether denying Petitioners intervention because of their good-faith argument that ICWA and MIFPA are unconstitutional violates the First Amendment.

History: Petition was filed 5/4/2026. Petition was denied 10/5/2026.

Ruling below: In the matter of the welfare of the children of L.K.