indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Health Coverage for American Indians and Alaska Natives
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Supreme Court rules against Cherokee father in ICWA dispute

Filed Under: Law | National
More on: cherokee, doj, icwa, south carolina, supreme court
     

The U.S. Supreme Court today issued its highly-anticipated decision in Adoptive Couple v. Baby Girl, an Indian Child Welfare Act case.

By a 5-4 vote, the justices determined that Dusten Brown, a citizen of the Cherokee Nation, never had custody of his biological daughter. Therefore, Section 1912 of ICWA does not prevent his parental rights from being terminated, the court ruled.

"[H]ere, the parent abandoned the Indian child before birth and never had custody of the child," Justice Samuel Alito wrote for the majority that was joined by Chief Justice John G. Roberts Jr., and Justices Anthony M. Kennedy, Clarence Thomas and Stephen G. Breyer.

The court also noted that no other Cherokee relatives, or other Indian families, stepped forward to assert custody. So Section 1915 of ICWA does not apply either, the decision stated.

The ruling is a victory for a non-Indian couple that wants to adopt Brown's daughter. The case will be returned to South Carolina for further proceedings to determine whether the adoption can go forward over the objections of Brown and the Cherokee Nation.

Dissenting opinions came from Justices Antonin Scalia and Sonia Sotomayor. Sotomayor's dissent was joined by Justices Ruth Bader Ginsburg and Elena Kagan and, in part, by Scalia.

Supreme Court Decision:
Adoptive Couple v. Baby Girl (June 25, 2013)

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:
Supreme Court set to rule in Indian Child Welfare Act case (6/24)
NPR: Supreme Court to rule in Indian Child Welfare Act case (6/24)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Standing Rock Sioux Tribe blasts Trump claim of 'constant contact' (2/24)
Cheyenne River Sioux Tribe calls out Trump 'lies' on Dakota Access (2/24)
Native Sun News Today: Pine Ridge residents worried about water (2/24)
Editorial: Shutting down Whiteclay won't address our addictions (2/24)
Ivan Star Comes Out: Indigenous people still struggle in America (2/24)
Steve Russell: To all the indigenous writers being born out there (2/24)
Connecticut tribes plan to announce site for potential new casino (2/24)
Cheyenne River Sioux Tribe slams Trump for lack of consultation (2/23)
Native Sun News Today: Tribes asked to participate in 'land grab' (2/23)
Mark Trahant: A victory on Indian health from Washington state (2/23)
James Giago Davies: We've become too proud of our ignorance (2/23)
Cronkite News: Plant closure impacts Hopi and Navajo workers (2/23)
Peter d'Errico: Book is yet another in series of genocide deniers (2/23)
Tanya Lee: Republicans run amok as America focuses on Trump (2/23)
Radio show host in Montana calls Indian basketball fans 'unruly' (2/23)
Congressman who was advocate for Indian Country passes on (2/23)
Yakama Nation debuts hotel as part of $90M casino expansion (2/23)
Meskwaki Tribe ordered to pay damages for incident at casino (2/23)
Indian Country joins legal push to block Dakota Access Pipeline (2/22)
Dakota Access offers up March 6 as earliest date for completion (2/22)
Trump administration opposes injunction against Dakota Access (2/22)
Trump team puts hold on pro-tribal Dakota Access legal opinion (2/22)
Arne Vainio: Finding some medicine in the woods and by the fire (2/22)
Wyoming tribes lose major ruling in reservation boundary case (2/22)
Native Sun News Today: #NoDAPL campsites see their final days (2/22)
Elizabeth Cook-Lynn: Dakota Access is everything wrong with US (2/22)
United Keetoowah Band interested in pursuing casino in Georgia (2/22)
Kalispel Tribe announces $20M casino expansion in Washington (2/22)
Bureau of Indian Affairs still failing on online security measures (2/21)
Mary Annette Pember: Indigenous people can't ever back down (2/21)
Harold Monteau: Democrats to blame for President Donald Trump (2/21)
Tohono O'odham Nation leaders share concerns about border wall (2/21)
Pacific Northwest tribes finally rebury remains of Kennewick Man (2/21)
Mashpee Wampanoag Tribe affirms election results after recount (2/21)
Standing Rock Sioux Tribe hopes to see return of casino business (2/21)
Bureau of Indian Affairs confirms Wilton Rancheria casino in trust (2/21)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.