Last Friday it was announced that the Supreme Court would hear the case of Adoptive Couple v. Baby Girl, also known as the Baby Veronica case.
This highly contested and controversial case may be a watershed moment in determining the strength of the Indian Child Welfare Act.
For a detailed summary of the case from the perspective of the National Indian Child Welfare Association (NICWA), click here. Along with a summary, NICWA has included a timeline and many resources on ICWA and the details of the case.
Meanwhile, the adoptive parents went on the Dr. Phil show to tell their side of the story.
While race is being cited as a major factor in this case, those siding with NICWA point out that this is about the tribe’s position as a semi-sovereign nation, not about race. If the Supreme Court reverses the lower court’s decision that Veronica’s biological father should have custody it will be a devastating blow to ICWA.
It appears no one is arguing that the adoptive parents love Veronica. However, the issue was that ICWA was not followed in the adoption of Veronica and as a result, the South Carolina Supreme Court ruled that ICWA had been violated.
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The proper question to be argued before the U.S. Supreme Court is:
“Where is the proclamation ratified by 1/3d of the voting citizenry of the United States that amends the U.S. Constitution that will make the health, welfare and benefits of a U.S. Citizen distinguishable because of that citizen’s Indian ancestry/race? As of The Indian Citizenship Act of 1924, there are no more “Indians” within the original meaning of the U.S. Constitution….only U.S./State citizens with “Indian ancestry/race.” There is nothing in the U.S. Constitution permitting Congress/Legislatures or President/Governor to ‘enlarge’ or ‘abridge’ the U.S. Constitution-guaranteed health, welfare and benefits of a U.S. Citizen to be made distinguishable because of the citizens’ “Indian ancestry/race.”