Top Side Briefing in Haaland v. Brackeen

This case is a little complicated regarding the name and who is filing when. The Court is keeping all of the documents under case number 21-376, which is Haaland v. Brackeen. But in its order granting cert, the Court stated that Texas and the foster families would file first, or be “top side” in the briefing schedule. The federal government and the tribes will file on August 5, and the subsequent amicus briefs on August 12.

If you are thinking about a pro-ICWA amicus brief and have not yet talked to Dan Lewerenz ( at NARF now is the time to reach out. If you are a tribe looking to sign on to the tribal amicus brief, please reach out to Erin Dougherty Lynch (, also at NARF.

Top Side Principle Briefs

Brackeen_Haaland v. Brackeen — Opening Brief

Texas_Haaland v. Brackeen – Opening Br. for Texas

Top Side Amicus Briefs

CatoGoldwaterFosterParents_Amicus Brief

CJJr_PLF Amicus Brief – BRACKEEN – 2022.06.01 – FINAL

OklahomaOhio_Brackeen Amicus

ProjectforFairRep_21-376 -377 -378 -380 ICWA Amicus Brief

NewCivilLiberties_21-378 Amicus NCLA Supp. Pet.

CERA_CERF Amicus Brief in Support of No Party -Final-6-2-22

ChristianICWA_21-376 -377 -378 and -380 Brief

AAAA_21-376 Amicus AAAA and NCFA

Notable additions to the anti-ICWA amicus briefs include Oklahoma and parties of ICWA cases past.

Briefing Completed in Advance of This Week’s Oral Arguments in Brackeen [ICWA]

All documents here. Oral arguments are on Wednesday. The Court releases a recording of the arguments which we will publish when available.

Principle Supplemental Briefs:

Appellant Tribes En Banc Brief

Appellant Feds En Banc Brief

2019-12-13 Intervenor Navajo En Banc Brief

Individual Plaintiffs_Supplemental Brief

State_Supplemental Brief

Amicus Briefs pro-ICWA:


Indian Law Profs

Tribes and Tribal Orgs

Con Law Profs

Members of Congress Brief


Ablavsky-Originalism Brief

Native Women and ACLU

Amicus Briefs anti-ICWA




Project on Fair Representation_amicus

Goldwater Institute, et al_amicus

Briefing Completed in Michigan Indian Family Preservation Act Case

At the Michigan Supreme Court:

Order Granting Review

Appellant (Father)’s Brief

Appellee (Macomb County/State)’s Brief

Sault Tribe Amicus Brief (MSU Indian Law Clinic, ICWA Appellate Project co-wrote this brief)

American Indian Law Section_AmicusBrief

Appellant Reply

Oral Argument Scheduling Order