Supreme Court ruling in closely-watched ICWA case next week

Thursday, June 20, 2013  

The U.S. Supreme Court will be issuing a decision in Adoptive Couple v. Baby Girl, an Indian Child Welfare Act case, next week.

The justices heard the case on April 16. Next week will be the last opportunity for the court to release decisions from the current term.

The case has drawn significant attention. The outcome will determine whether Dusten Brown, a citizen of the Cherokee Nation, can retain custody of his daughter.

With the backing of the Cherokee Nation, Brown successfully objected when the non-Indian mother arranged for an adoption of their child by a non-Indian couple in South Carolina. The couple asked the Supreme Court to hear the case and has called for changes in ICWA to make it harder for tribes to intervene.

The last Supreme Court 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.

Oral Argument Transcript:
Adoptive Couple v. Cherokee Nation (April 16, 2013)

South Carolina Supreme Court Decision:
Adoptive Couple v. Cherokee Nation (July 26, 2012)

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Radiolab: ICWA at center of high-stakes Supreme Court case (5/31)
Law Article: Supreme Court due for decision in ICWA case (05/16)
Letter: Indian Child Welfare Act designed to protect families (04/29)
Letter: Adoption lawyers circumvent Indian Child Welfare Act (4/22)
Supreme Court decision in ICWA case expected by end of June (4/17)
Jackie Pata: Baby Veronica and Native American family values (4/17)
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)