The US Supreme Court upholds the jurisdictional rights of tribal courts under the Indian Child Welfare Act of 1978 in Mississippi Choctaw Band v. Holyfield.
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case Marbury v. Madison. It is also able to strike down presidential directives for violating either the Constitution or statutory law.
Tribal court
Independent tribal courts are judicial systems that are established and operated by Native American tribes within the United States. These courts are separate from the federal and state court systems and are designed to handle legal matters within the tribe's jurisdiction. The purpose of independent tribal courts is to provide a legal framework for Native American tribes to govern themselves and to resolve disputes within their communities, without interference from the United States federal or state governments. The independent tribal court system is an important tool for tribes to maintain their own legal traditions and to resolve disputes within their communities.
Indian Child Welfare Act
The Indian Child Welfare Act of 1978 is a United States federal law that governs jurisdiction over the removal of American Indian children from their families in custody, foster care, and adoption cases.
Mississippi Band of Choctaw Indians v. Holyfield
Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989), was a case in which the Supreme Court of the United States held that the Indian Child Welfare Act governed adoptions of Indian children. It ruled that a tribal court had jurisdiction over a state court, regardless of the location of birth of the child, if the child or the natural parents resided on the reservation.