Adoptive Couple v. Baby Girl
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-399 | S.C. | Apr 16, 2013 | Jun 25, 2013 | 5-4 | Alito | OT 2012 |
Holding: Assuming for the sake of argument that the biological father in this case is a "parent" for purposes of the Indian Child Welfare Act, the act still does not bar termination of the biological father's paternal rights.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Alito on June 25, 2013. Justice Breyer and Justice Thomas filed concurring opinions. Justice Scalia filed a dissenting opinion. Justice Sotomayor filed a dissenting opinion in which Justice Ginsburg and Justice Kagan joined, and in which Justice Scalia joined in part.
SCOTUSblog Coverage
- Speed-up of "Baby Veronica" transfer (Lyle Denniston, August 6, 2013)
- "Baby Veronica" adoption ordered (Lyle Denniston, August 2, 2013)
- Challenge to child's adoption fails (Lyle Denniston, August 2, 2013)
- Swift response in "Baby Veronica" case (Lyle Denniston, July 31, 2013)
- "Baby Veronica" case back at the Court (UPDATED) (Lyle Denniston, July 26, 2013)
- "Baby Veronica" adoption allowed (Lyle Denniston, July 17, 2013)
- Drama over Baby Veronica goes on (UPDATED) (Lyle Denniston, June 27, 2013)
- Details: Adoptive Couple v. Baby Girl (Mike Gottlieb, June 25, 2013)
- Argument recap: No easy answers in Indian adoption case (Amy Howe, April 16, 2013)
- Argument preview: Court to take on law and emotion in Indian adoption case (Amy Howe, April 14, 2013)
- Three cases granted (Lyle Denniston, January 4, 2013)
| Date | Proceedings and Orders |
|---|---|
| 10/01/2012 | Petition for a writ of certiorari filed. (Response due October 31, 2012) |
| 10/01/2012 | Motion for leave to file Appendix B under seal filed by petitioners. |
| 10/22/2012 | Brief of respondent Guardian ad Litem, as representative of respondent Baby Girl filed. |
| 10/26/2012 | Order extending time to file response to petition to and including November 30, 2012. |
| 10/31/2012 | Brief amicus curiae of American Academy of Adoption Attorneys filed. |
| 10/31/2012 | Brief amicus curiae of Birth Mother filed. |
| 10/31/2012 | Brief amicus curiae of National Council for Adoption filed. |
| 10/31/2012 | Motion for leave to file amici brief filed by Professors Joan Heifetz Hollinger, et al. |
| 10/31/2012 | Brief amici curiae of California State Association of Counties, et al. filed. |
| 11/30/2012 | Brief of respondents Birth Father and Cherokee Nation in opposition filed. |
| 12/11/2012 | Reply of petitioners Adoptive Couple filed. |
| 12/12/2012 | DISTRIBUTED for Conference of January 4, 2013. |
| 01/04/2013 | Motion for leave to file Appendix B under seal GRANTED. |
| 01/04/2013 | Motion for leave to file amici brief filed by Professors Joan Heifetz Hollinger, et al. GRANTED. |
| 01/04/2013 | Petition GRANTED. |
| 02/11/2013 | SET FOR ARGUMENT ON Tuesday, April 16, 2013 |
| 02/11/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners |
| 02/11/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Guardian Ad Litem of Baby Girl |
| 02/19/2013 | Brief of petitioner Adoptive Couple filed. |
| 02/19/2013 | Motion for leave to file Joint Appendix under seal filed by petitioner Adoptive Couple. |
| 02/19/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Birth Father and Cherokee Nation. |
| 02/19/2013 | Brief of respondent Guardian ad Litem, as representative of respondent Baby Girl, supporting reversal filed. |
| 02/26/2013 | Brief amici curiae of Professors Joan Heifetz Hollinger, et al. filed. |
| 02/26/2013 | Brief amicus curiae of American Academy of Adoption Attorneys filed. |
| 02/26/2013 | Brief amicus curiae of Birth Mother filed. |
| 02/26/2013 | Brief amicus curiae of Christian Alliance for Indian Child Welfare filed. |
| 02/26/2013 | Brief amicus curiae of National Council for Adoption filed. |
| 02/26/2013 | Brief amici curiae of Child Advocacy Organizations filed. |
| 02/26/2013 | Brief amici curiae of Bonnie and Shannon Hofer, et al. filed. |
| 02/26/2013 | CIRCULATED. |
| 02/26/2013 | Brief amicus curiae of Adoptive Parents Committee, Inc. filed. (Distributed) |
| 02/26/2013 | Brief amicus curiae of Citizens Equal Rights Foundation filed. (Distributed) |
| 02/27/2013 | Motion DISTRIBUTED for Conference of March 15, 2013. |
| 03/15/2013 | The motion of petitioners for leave to file the joint appendix under seal is denied without prejudice to filing a renewed motion together with either a redacted joint appendix, or an explanation as to why the joint appendix may not be redacted, within 14 days. |
| 03/15/2013 | Brief amicus curiae of the United States filed. (Distributed) |
| 03/18/2013 | Motion for divided argument filed by petitioners Adoptive Couple and respondent Guardian ad Litem as Representative of Respondent baby Girl. |
| 03/19/2013 | Record from Supreme Court of South Carolina is electronic. |
| 03/21/2013 | Motion of Birth Mother for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/21/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/21/2013 | Renewed motion of petitioners for leave to file the joint appendix under seal with redacted copies for the public record. |
| 03/21/2013 | Brief of respondent Birth Father filed. (Distributed) |
| 03/21/2013 | Motion for divided argument filed by respondent Cherokee Nation. |
| 03/21/2013 | Brief of respondent Cherokee Nation filed. (Distributed) |
| 03/22/2013 | Brief amici curiae of Professors of Indian Law filed. (Distributed) |
| 03/26/2013 | Brief amicus curiae of Hamline University School of Law Child Advocacy Clinic filed. (Distributed) |
| 03/26/2013 | Brief amicus curiae of Honorable Abby Abinanti, Chief Justice of the Yurok Tribal Court filed. |
| 03/26/2013 | Brief amicus curiae of Navajo Nation filed. (Distributed) |
| 03/27/2013 | Brief amici curiae of Seminole Tribe of Florida, et al. filed. (Distributed) |
| 03/27/2013 | Brief amici curiae of Lower Sioux Indian Community, et al. filed. (Distributed) |
| 03/27/2013 | Brief amicus curiae of National Latina/o Psychological Association, et al. filed. (Distributed) |
| 03/28/2013 | Brief amici curiae of Friends Committee on National Legislation, et al. filed. (Distributed) |
| 03/28/2013 | Brief amicus curiae of Current and Former Members of Congress filed. |
| 03/28/2013 | Brief amici curiae of Casey Family Programs, et al. filed. (Distributed) |
| 03/28/2013 | Brief amici curiae of Association of American Indian Affairs, et al. filed. (Distributed) |
| 03/28/2013 | Brief amicus curiae of The Seminole Nation of Oklahoma filed. (Distributed) |
| 03/28/2013 | Brief amici curiae of Inter Tribal Council of Arizona, et al. filed. (Distributed) |
| 03/28/2013 | Brief amici curiae of Family Law professors filed. (Distributed) |
| 03/28/2013 | Brief amici curiae of Tanana Chiefs Conference, et al. filed. (Distributed) |
| 03/28/2013 | Brief amici curiae of Arizona, et al. filed. (Distributed) |
| 03/28/2013 | Brief amicus curiae of Oklahoma Indian Child Welfare Association filed. (Distributed) |
| 03/28/2013 | Brief amici curiae of Minnesota Department of Human Services and Minnesota Ombudsperson for American Indian Families filed. (Distributed) |
| 03/28/2013 | Brief amici curiae of Wisconsin Tribes filed. (Distributed) |
| 03/28/2013 | Brief amici curiae of 63 California Indian Tribes filed. (Distributed) |
| 03/28/2013 | Brief amicus curiae of National Native American Bar Association filed. (Distributed) |
| 03/28/2013 | Brief amici curiae of Adult Pre-ICWA Indian Adoptees filed. (Distributed) |
| 03/28/2013 | Brief amici curiae of American Civil Liberties Union, and ACLU of South Carolina filed. (Distributed) |
| 04/01/2013 | Renewed motion of petitioners for leave to file the joint appendix under seal with redacted copies for the public record GRANTED. |
| 04/01/2013 | Upon consideration of the motions for leave to participate in oral argument as amicus curiae and the motions for divided argument, the time is to be divided as follows: 20 minutes for petitioners, 10 minutes for respondent Guardian ad Litem, 20 minutes for respondent Birth Father, and 10 minutes for the Solicitor General. |
| 04/09/2013 | Reply of petitioner Adoptive Couple filed. (Distributed) |
| 04/09/2013 | Reply of respondent Guardian ad Litem, as representative of respondent Baby Girl, supporting reversal filed. (Distributed) |
| 04/16/2013 | Argued. For petitioner: Lisa S. Blatt, Washington, D. C. For respondent Guardian ad Litem in support of petitioner: Paul D. Clement, Washington, D. C. For respondents Birth Father, et al.: Charles A. Rothfeld, Washington, D. C., and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 06/25/2013 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Breyer, JJ., joined. Thomas, J., and Breyer, J., filed concurring opinions. Scalia, J., filed a dissenting opinion. Sotomayor, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined, and in which Scalia, J., joined in part. |
| 06/26/2013 | Application (13A7) for issuance of the mandate forthwith, submitted to Justice Alito. |
| 06/27/2013 | Response to application from respondents Birth Father and Cherokee Nation filed. |
| 06/28/2013 | UPON CONSIDERATION of the application of counsel for the applicants and the response filed thereto, IT IS ORDERED that the mandate shall issue to the Supreme Court of South Carolina seven days after the entry of this order. |
| 07/05/2013 | MANDATE ISSUED. |
Holding: Assuming for the sake of argument that the biological father in this case is a “parent” for purposes of the Indian Child Welfare Act, the Act still does not bar termination of the biological father’s paternal rights.
Judgment:”Reversed and remanded, 5-4, in an opinion by Justice Alito on June 25, 2013. Justice Breyer and Justice Thomas filed concurring opinions. Justice Scalia filed a dissenting opinion. Justice Sotomayor filed a dissenting opinion in which Justice Ginsburg and Justice Kagan joined, and in which Justice Scalia joined in part.