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Showing Original Post only (View all)Supreme Court rules for adoptive parents in Baby Veronica case [View all]
WASHINGTON -- A sharply divided Supreme Court sided with a 3-year-old girl's adoptive parents over the legal claim of her father Tuesday in a case that revolved around the child's 1% Cherokee blood.
In doing so, the justices expressed skepticism about a 1978 federal law that's intended to prevent the breakup of Native American families -- but in this case may have created one between father and daughter that barely existed originally.
While four justices from both sides of the ideological spectrum found no way to deny the father his rights under the Indian Child Welfare Act, five others -- including Chief Justice John Roberts, an adoptive father himself -- said the adoptive parents were the consistently reliable adults in "Baby Veronica's" life. They ordered the case returned to South Carolina courts "for further proceedings not inconsistent with this opinion."
That the nation's highest court was playing King Solomon in a child custody dispute was unusual to begin with. It had jurisdiction because Veronica is 3/256th Cherokee, and the law passed by Congress 35 years ago was intended to prevent the involuntary breakup of Native American families and tribes.
More: http://www.usatoday.com/story/news/nation/2013/06/25/supreme-court-baby-veronica-custody-native-american/2382699/