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
The University of Tulsa College of Law - Master's in Indian Law
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:
Lakota Country Times: New Oglala Sioux leader encourages youth (1/20)
Native Sun News Today: A new leader for Great Plains tribal group (1/20)
Native Sun News Today Editorial: It's a new era for Indian Country (1/20)
Mark Charles: Decoding Trump's bid to 'Make America Great Again' (1/19)
Lakota Country Times: Another year of big news in Lakota territory (1/19)
Native Sun News Today: DefundDAPL billboard goes up in New York (1/19)
Vi Waln: Let's kick our smoking and tobacco habit in Indian Country (1/19)
Terese Mailhot: Native women care what happens to all our sisters (1/19)
Leonard Peltier remains behind bars as Obama rejects clemency (1/19)
Department of the Army takes the lead on Dakota Access Pipeline (1/18)
Dakota Access executive confirms crude already placed in pipeline (1/18)
Bureau of Indian Affairs releases annual listing of recognized tribes (1/18)
Lakota Country Times: Rosebud Sioux Tribe opens homeless shelter (1/18)
Native Sun News Today: Northern Cheyenne focuses on foster care (1/18)
Brandon Ecoffey: Be safe and be prepared as winter hits the plains (1/18)
Disenrollment epidemic affects dozens of tribes across the nation (1/18)
New battle opens as Dakota Access disputes environmental review (1/17)
Judge declines to block publication of Dakota Access Pipeline notice (1/17)
Standing Rock Sioux Tribe responds quickly to Dakota Access threat (1/17)
President Obama names first members of Native youth commission (1/17)
Tim Giago: Discovering a love for food at an Indian boarding school (1/17)
Lakota Country Times: Historic decision for Indian Child Welfare Act (1/17)
Native Sun News Today: Pine Ridge teams fight it out at the buzzer (1/17)
Delphine Red Shirt: Tournament is a testament to our Native youth (1/17)
Native Sun News Today Editorial: News for ranchers in the new year (1/17)
Gyasi Ross: Let's divest from DAPL and support Native owned banks (1/17)
Jeffrey Ostler/Nick Estes: Treaties and the Dakota Access Pipeline (1/17)
Mary Annette Pember: Bad River Band takes stand on oil pipeline (1/17)
Steve Russell: Resolutions for tribal leaders and even the Donald (1/17)
Craig Tribal Association celebrates 'historic' trust land acquisition (1/16)
Mark Trahant: Congress moves forward with repeal of Obamacare (1/16)
Native Sun News Today: Northern Cheyenne banker beats the odds (1/16)
James Giago Davies: The real power to defeat the Wasicu pipeline (1/16)
Tiffany Midge: Hollywood needs to stop stereotyping Native people (1/16)
Peter d'Errico: New book connects Native America with Palestine (1/16)
Alaska tribe makes history with approval of trust land application (1/13)
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.