Supreme Court – Page 91

Baby Veronica Press Conference — 1 PM Eastern Today

July 22, 2013Matthew L.M. Fletcher

National Native Organizations to Announce Their

Next Legal Steps Related to Baby Veronica Case

Organizations:
Native American Rights Fund (NARF),
National Congress of American Indians (NCAI),
and National Indian Child Welfare Association (NICWA)

Monday July 22, 2013 – 1 p.m. eastern
(877) 856-2376 – Call ID# 22752930

Washington, DC – The three leading national Native advocacy organizations monitoring the custody case of “Baby Veronica”, a citizen of the Cherokee Nation, will announce the next legal steps they plan to take related to the ongoing case. The announcement comes following last week’s order by the South Carolina Supreme Court to the State’s Family Court to expedite the custody transfer process of Veronica from her father, also a citizen of the Cherokee Nation, to the adoptive couple involved in the case.

What: National press teleconference with national Native organizations to outline their next legal steps related to Baby Veronica case.

When: Monday, July 22, 2013 – 1 p.m. eastern / 12 p.m. central

Details: (877) 856-2376 – Call ID# 22752930

Who: Leaders of three leading national tribal advocacy organizations monitoring Baby Veronica case:

– Jacqueline Pata, Executive Director, National Congress of American Indians

– John Echohawk, Executive Director, Native American Rights Fund

– Terry Cross, Executive Director, National Indian Child Welfare Association

UNM Symposium on United States v. Sandoval

July 19, 2013Matthew L.M. Fletcher

Here is the notice:

UNM symposium on United States v Sandoval

The description:

On October 20, 1913, the United States Supreme Court issued its decision in United States v. Sandoval, a case that addressed whether Congress could prohibit the introduction of intoxicating liquor into Santa Clara Pueblo lands notwithstanding the admission of New Mexico to statehood. The Court validated Congress’s power by virtue of the “Indian” status of the Pueblo people and their homelands, establishing an immensely important precedent asserting broad federal authority in Indian affairs generally. This symposium highlights three themes tied to Sandoval ’s legacy: Federal Authority in Indian Country, Indian Identity and Status, and the Rights of Defendants in Tribal Court. An additional related theme, Liquor in Indian Country, will be explored in the associated conference for tribal public defenders and Indian law clinicians, which will interweave with the symposium. This symposium is the third in a series of anniversary symposia commemorating landmark Indian law cases and legislation.

Intersections of the ICWA and Reproductive Freedom Movement

July 19, 2013Matthew L.M. Fletcher

Here.

An article on an intersectional analysis about the Baby Veronica case from Coya White Hat-Artichoker, a Queer Native Woman who is a Social Justice & Reproductive Justice Advocate – who was also adopted.

Supreme Court Issues Call for Response in Onondaga Land Claims Cert Petition

July 16, 2013Matthew L.M. Fletcher1 Comment

Here is the docket sheet. The request is dated July 3, 2013. The petition is scheduled for the September 30 “long Conference.” New York has asked for additional time, until September 3, to respond.

Here is the cert petition.

Pro Se ICWA Cert Petition Filed with Supreme Court

July 12, 2013August 1, 2013Matthew L.M. Fletcher2 Comments

The case is captioned James L. v. Devin H.

Petition here.

Docket here.

~~We will post the entire petition once we get it.~~

Questions presented:

The Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-63 applies, with two express exceptions, “In any involuntary proceeding in a State court, where the court knows or has reason to know that an Indian child is involved”. Despite that fact, many state courts of last resort, and countless state appellate courts in this country have been called upon, year after year, throughout the 35 year history of the Act, to decide a single question of Federal law. That question has involved hundreds of custody disputes to date and a significant number of Indian children each and every year. It is one of the most important questions which this Honorable Court will ever decide regarding the ICWA, and one which all Indian children, families, and tribes have needed a conclusive answer from this Court on for the past 35 years:

(1) Does the Indian Child Welfare Act apply to an involuntary child custody proceeding involving an Indian child, between biological parents and a third party non-parent?

As a separate issue, Petitioner also presents the following question:

(2) Does awarding conservatorship of a child to a third-party non-parent, over the objections of a biological parent and without a finding of parental unfitness, unconstitutionally infringe upon “the interest of parents in the care, custody and control of their children”?

SCOTUSBlog Profile of Supreme Court Specialists Appointed to the Federal Bench

July 10, 2013Matthew L.M. Fletcher

Interesting read, here. Profiling the Chief Justice, Sri Srinivasan, Patricia Millett, and Nina Pillard.

Fletcher Interview in Prawfsblawg about being Cited by Supreme Court in Adoptive Couple

July 9, 2013Matthew L.M. Fletcher

Doesn’t get any more meta than this.

Here.

Update on Baby Girl Proceedings

July 9, 2013July 9, 2013Kate Fort1 Comment

Here.

Baby Veronica’s biological father, stepmother and paternal grandparents have filed court papers in Oklahoma to adopt the 3-year-old girl, a move that dissenting U.S. Supreme Court justices warned could happen and will likely complicate the custody dispute.