The U.S. Supreme Court is expected to issue a decision in Adoptive Couple v. Baby Girl, an Indian Child Welfare Act case, by the end of its term in June.
The court heard the highly emotional case on Tuesday. Chief Justice John G. Roberts Jr., who has two adopted children, appeared to be the only one concerned about the reach of ICWA, according to the transcript of the oral arguments.
At least three other justices, including conservative-leaning Justice Antonin Scalia, appeared to agree that ICWA requires tribal involvement in child welfare disputes.
A fourth member, Justice Anthony M. Kennedy, who is often considered a swing vote, expressed concerns about intervening in a family law dispute.
The court's decision will determine whether Dusten Brown, a member of the Cherokee Nation, can retain custody of his daughter. With the backing of his tribe, he objected when the non-Indian mother arranged for an adoption of their child by a non-Indian couple.
The last time the Supreme Court decided an ICWA case was Mississippi
Band of Choctaw Indians v. Holyfield in 1989. The court determined that the
Mississippi Band of Choctaw
Indians had jurisdiction in an adoption dispute.
Get the Story:
Supreme Court conflicted about what law dictates for Baby Veronica
(The Washington Post 4/17)
Justices Hear Case of Indian Child Caught in Custody Fight
(The New York Times 4/17)
Supreme Court wrestles with father’s rights, child’s best interests in adoption of Indian girl
(AP 4/16)
Oral Argument Transcript:
Adoptive
Couple v. Cherokee Nation (April 16, 2013)
South Carolina Supreme Court Decision:
Adoptive
Couple v. Cherokee Nation (July 26, 2012)
Related Stories:
NARF/NCAI/NICWA: Case
shows ugly side of adoption industry (4/16)
Jacqueline Davis: An Indian family torn apart in
South Carolina (4/16)
Turtle Talk: More
interruptions for tribal interests in ICWA case (4/16)
SCOTUSBlog: No easy answers in Indian Child Welfare
Act case (4/16)
Supreme Court takes up
dispute over Indian Child Welfare Act (4/16)
Editorial: Supreme Court should take Cherokee girl
from father (4/16)
Editorial: Congress
may need to limit Indian Child Welfare Act (4/16)
Tribes gear up for big battle with Supreme Court's
ICWA case (4/15)
Column: Supreme Court
set to hear racially-tinged ICWA case (4/15)
ICT interview with Cherokee Nation attorney on ICWA
dispute (4/11)
Supreme Court sets times
for oral argument in ICWA dispute (4/2)
Turtle Talk: Guide to briefs in Supreme Court's
ICWA dispute (3/29)
DOJ submits brief in
support of Cherokee father in ICWA case (3/18)
Wisbar News: Possible brief in Supreme Court's ICWA
dispute (3/8)
Tribes line up support as
Supreme Court takes up ICWA dispute (3/6)
Blog: Supreme Court hears Cherokee Nation ICWA case
in April (3/5)
Supreme Court to hear
Cherokee Nation ICWA case on April 16 (02/14)
NYT Debate: Indian Child Welfare Act and the
Supreme Court (01/25)
Supreme Court
ruling could impact ICWA cases nationwide (1/14)
Analysis: Media fails in coverage of Cherokee ICWA
dispute (1/14)
Supreme Court takes first
Indian Child Welfare Act case in years (1/7)
Supreme Court considers petition in Cherokee Nation
ICWA case (1/4)
|
Subscribe