Law

Turtle Talk: More interruptions for tribal interests in ICWA case

Tuesday, April 16, 2013

Matthew Fletcher and Kate Fort analyze the oral arguments in Adoptive Couple v. Baby Girl, an Indian Child Welfare Act:

This first analysis will have two components. The first component is an account of how many questions each side received. The rule of thumb — the side getting the most questions from the bench loses.
I have two counts: the first being mere interruptions (as noted in the transcript) and the second being a more careful count of actual questions (and by questions I include interjections and statements).
Count 1 (total interruptions): Petitioner side (both Blatt and Clement) interrupted 71 times; Respondent side (both Rothfield and Kneedler) interrupted 72 times. Blatt (arguing 20 minutes, including rebuttal), interrupted 59 times; Clement (arguing 10 minutes, plus additional time granted by Roberts, C.J.) interrupted 13 times). Rothfield (arguing 20 minutes, plus additional time granted by Roberts, C.J.) interrupted 53 times. Kneedler (arguing 10 minutes) interrupted 19 times.
Count 2 (total questions): Petitioner side — 57 questions; Respondent side — 66 questions.

Get the Story:
First Read-Through on Baby Veronica Oral Argument Transcript (Turtle Talk 4/16)
Second Read-Through of Baby Veronica Transcript (Turtle Talk 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)