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Nebraska v. Elise M.

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Petition for certiorari denied on October 7, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-1278 Neb. N/A N/A N/A N/A OT 2013

Issue: (1) Whether the Indian Child Welfare Act, 25 U.S.C. §§ 1901-63, prohibits a state court from considering the "best interests of the child" when determining whether "good cause" exists to defy the transfer of an ongoing child welfare case; and (2) whether ICWA requires a state court to treat a motion to terminate parental rights as a "new proceeding" for the purposes of determining whether "good cause" exists to defy the transfer of an ongoing child welfare case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 23 2013Petition for a writ of certiorari filed. (Response due May 28, 2013)
May 17 2013Order extending time to file response to petition to and including June 27, 2013.
May 23 2013Brief of respondent Elise M. in opposition filed.
Jun 14 2013Order further extending time to file response to petition to and including July 26, 2013.
Jul 25 2013Brief of respondent Omaha Tribe of Nebraska in opposition filed.
Aug 14 2013DISTRIBUTED for Conference of September 30, 2013.
Sep 13 2013Reply of petitioner Nebraska filed.
Oct 7 2013Petition DENIED.