Supreme Court of the United States · Official docket →
N. R., et al. v. Keith M. Ellison, Attorney General of Minnesota, et al.
Paid petition · Supreme Court of Minnesota, No. A23-1762, A24-1296 · judgment April 9, 2026
Before the decision, about 3.2× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a circuit split argued in the petition, and a petition citing three to ten dissents, and down for a state or local-government respondent.
Questions presented
The Indian Child Welfare Act (“ICWA”) and the Minnesota Indian Family Preservation Act (“MIFPA”) impose race-based rules that require protecting “Indian children” less than non-“Indian” children. When this Court declined to address the equal-protection challenge to ICWA in Haaland v. Brackeen, 599 U.S. 255, 294 n.10 (2023), it observed that non-”Indians” seeking to be an “Indian child’s” forever family would “[o]f course” have standing to bring that challenge in state court. Petitioners are those people. For more than a year, they provided foster care to two “Indian children” born with severe disabilities. ICWA/MIFPA derailed their permanency plans when the county moved the children to an Indian cousin, citing “ICWA/MIFPA” and Red Lake’s preference. Pet.App.314a. The Minnesota Court of Appeals majority recognized Petitioners’ standing, although it rejected their challenge. Pet.App.110a-127a. But then the District Court denied them intervention into the children’s case— in express part because they “motioned th[at] Court to find ICWA and MIFPA unconstitutional.” Pet.App.76a. The Minnesota Supreme Court affirmed and, citing that exclusion, refused to consider the constitutional challenge. Pet.App.20a, 31a-36a. Absent reversal, ICWA/MIFPA’s denial of equal protection will continue, and other states could follow Minnesota’s roadmap to try to evade this Court’s review. The questions presented are:
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Whether ICWA and MIFPA unconstitutionally deny equal protection to “Indian” children and to non”Indian” people who seek custody of them.
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Whether denying Petitioners intervention because of their good-faith argument that ICWA and MIFPA are unconstitutional violates the First Amendment.
Counsel of record
For petitioner
Mark David Fiddler
Fiddler Law LLC
For respondent
Jody Marie Alholinna
Case
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference (2 distributions)
Amicus briefs
3 cert-stage
Order
Order list, October 5, 2026 · Certiorari denied
Proceedings
- Oct 05 2026Petition DENIED.
- Sep 09 2026DISTRIBUTED for Conference of 9/28/2026.
- Sep 04 2026Reply of petitioners N. R., et al. filed. (Distributed)
- Aug 26 2026Brief of respondents Keith M. Ellison, Attorney General of Minnesota, et al. in opposition filed.
- Jul 13 2026Motion to extend the time to file a response is granted and the time is extended to and including August 26, 2026.
- Jul 10 2026Motion to extend the time to file a response from July 27, 2026 to August 26, 2026, submitted to The Clerk.
- Jun 25 2026Response Requested. (Due July 27, 2026)
- Jun 24 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 15 2026Brief amici curiae of Foster Parents, et al. filed.
- Jun 15 2026Brief amicus curiae of Christian Alliance for Indian Child Welfare filed.
- Jun 12 2026Brief amici curiae of Academy of Adoption & Assisted Reproduction Attorneys, et al. filed.
- May 29 2026Waiver of right of respondent McKenzie Borth, Guardian ad Litem to respond filed.
- May 04 2026Petition for a writ of certiorari filed. (Response due June 15, 2026)