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ADOPTIVE COUPLE v. BABY GIRL

No. 12-399.

133 S.Ct. 2552 (2013)

186 L.Ed.2d 729

ADOPTIVE COUPLE, Petitioners v. BABY GIRL, a minor child under the age of fourteen years, et al.

Supreme Court of United States.

Decided June 25, 2013.

Attorney(s) appearing for the Case

Lisa S. Blatt , Washington, DC, for Petitioners.

Paul D. Clement , Washington, DC, for Respondent Guardian ad Litem in support of the Petitioners.

Charles A. Rothfeld , Washington, DC, for Respondents Birth Father, et al.

Edwin S. Kneedler , for the United States as amicus curiae, by special leave of the Court, supporting the Respondents Birth Father, et al.

Mark Fiddler , Fiddler Law Office, P.A., Minneapolis, MN, Lisa S. Blatt , Counsel of Record, Christopher S. Rhee , R. Reeves Anderson , Bob Wood , Arnold & Porter LLP, Washington, DC, for Petitioners.

Thomas P. Lowndes , Charleston, SC, Paul D. Clement , Counsel of Record, Kelsi Brown Corkran , Bancroft PLLC, Washington, DC, for Guardian ad Litem as Representative of Baby Girl.

John S. Nichols , Bluestein, Nichols, Thompson & Delgado LLC, Columbia, SC, Shannon Phillips Jones , Charleston, SC, Lesley Ann Sasser , Charleston, SC, Charles A. Rothfeld , Counsel of Record, Andrew J. Pincus , Paul W. Hughes , Michael B. Kimberly , Mayer Brown LLP, Washington, DC, Jeffrey A. Meyer , Yale Law School Supreme Court Clinic, New Haven, CT, for Respondent Birth Father.

Lloyd B. Miller , William R. Perry , Anne D. Noto , Colin Cloud Hampson , Sonosky, Chambers, Sachse, Endreson & Perry, LLP, Washington, DC, Carter G. Phillips , Sidley Austin LLP, Washington, DC, Todd Hembree , Attorney General, Chrissi Ross Nimmo , Assistant Attorney General, Counsel of Record, Cherokee Nation , Tahlequah, OK, for Respondent Cherokee Nation.

Justice ALITO delivered the opinion of the Court.

This case is about a little girl (Baby Girl) who is classified as an Indian because she is 1.2% (3/256) Cherokee. Because Baby Girl is classified in this way, the South Carolina Supreme Court held that certain provisions of the federal Indian Child Welfare Act of 1978 required her to be taken, at the age of 27 months, from the only parents she had ever known and handed over to her biological father, who had attempted...

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