Wiley Files Supreme Court Amicus Brief in Minnesota Indian Child Welfare Case

June 16, 2026

Wiley has filed an amicus brief in the U.S. Supreme Court on behalf of the Christian Alliance for Indian Child Welfare (CAICW) in N.R. v. Ellison, urging the Court to review a Minnesota Supreme Court decision involving foster parents who sought to intervene in a custody dispute involving Native American twins they had cared for since birth. The foster parents were denied the opportunity to participate because they raised constitutional challenges to the Indian Child Welfare Act (ICWA) and the Minnesota Indian Family Preservation Act (MIFPA).

The brief argues that the Court should grant certiorari to address the harm that ICWA's placement preferences have on Indian children and the ability of litigants to participate in and raise constitutional challenges in state child custody proceedings. It also asserts that the Minnesota decision conflicts with the standing framework established in Haaland v. Brackeen and raises broader concerns regarding access to the courts and the rights of litigants to pursue good-faith constitutional claims.

The Wiley team representing CAICW includes Litigation and Issues and Appeals partner Krystal B. Swendsboe, practice attorney Victoria N. Lynch-Draper, and associates Stephanie Rigizadeh and Myron Zhang.