Adoptive Couple v. Baby Girl

Supreme Court Grants Cert in Adoptive Couple v. Baby Girl

Matthew L.M. Fletcher9 Comments

Here is today’s order.

Update — BLT coverage here.

SCOTUSBlog: Two Indian Law Petitions to Watch for this Week’s Conference

Matthew L.M. Fletcher4 Comments

Here:

Issue: (1) Whether a non-custodial parent can invoke the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-63, to block an adoption voluntarily and lawfully initiated by a non-Indian parent under state law; and (2) whether ICWA defines “parent” in 25 U.S.C. § 1903(9) to include an unwed biological father who has not complied with state law rules to attain legal status as a parent.
Issue: (1) Whether a federal court has jurisdiction to enjoin activity that violates the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2701 et seq., but takes place outside of Indian lands; and (2) whether tribal sovereign immunity bars a state from suing in federal court to enjoin a tribe from violating IGRA outside of Indian lands.

 

Birth Father/Cherokee Nation Cert Opposition Brief in Adoptive Couple v. Baby Girl

Matthew L.M. Fletcher

Here:

Cherokee Cert Opp

Guardian ad Litem Brief in Support of Cert Petition in Adoptive Couple v. Baby Girl

Matthew L.M. Fletcher1 Comment

Here:

GAL Brief in Support of Petition

A direct challenge to the constitutionality of the Indian Child Welfare Act, filed by Paul Clement. No circuit split, no split of authority in the state courts, arguments never raised below — an emotional plea to an unemotional Court.