1. Whether ICWA's placement preferences —
which disfavor non-Indian adoptive families in child placement proceedings involving an "Indian child"
and thereby disadv antage those children —discriminate on the basis of race in violation of the U.S. Con-stitution.
2. Whether ICWA's placement preferences exceed
Congress's Article I authority by invading the arena
of child placement —the "virtually exclusive province
of the States ," Sosna v. Iowa , 419 U.S. 393, 404
(1975) —and otherwise command eering state courts
and state agencies to carry out a federal child -placement program.

Whether ICWA's placement preferences violate the U.S. Constitution by disadvantaging non-Indian adoptive families on the basis of race