Supreme Court of the United States
Adoptive Couple, Petitioners v. Baby Girl, a Minor Child Under the Age of Fourteen Years
June 25, 2013133 S. Ct. 2552
Summary
The Supreme Court reversed the South Carolina Supreme Court, holding that provisions of the Indian Child Welfare Act (§§1912(d) and (f)) do not apply to terminate a biological father's rights where he never had custody of the child, and that placement preferences (§1915(a)) do not apply when no alternative party has sought adoption. Justice Thomas concurred based on constitutional avoidance, asserting that ICWA raises constitutional problems under the Indian Commerce Clause. Justices Sotomayor, Ginsburg, and Kagan dissented, arguing that the majority reads the statute contrary to its text and purpose.