Turtle Talk: Update on Indian law petitions and Supreme Court

Monday, October 29, 2012  

"There are still no grants this Term (with the quasi-exception of the Samish case) but there have been a flurry of petitions in the last few weeks that have a small to middling chance of being granted. They are presented here in no special order.

Adoptive Couple v. Baby Girl (No. 12-399)

This is that ICWA case decided by the South Carolina Supreme Court in which the non-Indian adoptive parents (the petitioners) hired a PR company to make ICWA, the Cherokee father, and the South Carolina Supreme Court look bad — Dr. Phil took the bait. No split, no issue of national importance (unless Paul Clement’s retention and Dr. Phil make a case nationally important — it may, I suppose), ICWA’s plain language supports the S.C. court’s decision — I don’t see much chance of this case being granted. I might expect a CVSG, however, since it’s a federal statute in question."

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Supreme Court 2012 Early Term Update (Turtle Talk 10/29)