Page:Haaland v. Brackeen.pdf/122

40 the majority holds only that Texas has failed to demonstrate that ICWA is unconstitutional. See,. It declines to disturb the Fifth Circuit’s conclusion that ICWA is consistent with Article I, but without deciding that ICWA is, in fact, consistent with Article I. But, given ICWA’s patent intrusion into the normal domain of state government and clear departure from the Federal Government’s enumerated powers, I would hold that Congress lacked any authority to enact ICWA.

I respectfully dissent.