Supreme Court of the United States
Adoptive Couple, Petitioners v. Baby Girl, a Minor Child Under the Age of Fourteen Years — Thomas, J…
June 25, 2013133 S. Ct. 2552
Summary
Justice Thomas concurred in the judgment, arguing that constitutional avoidance compels the Court's narrow interpretation of the Indian Child Welfare Act (ICWA). He posits that the Indian Commerce Clause does not grant Congress plenary power over Indian affairs sufficient to override state custody laws. This concurrence emphasizes originalist text and history; dissenting opinions argued the majority distorted the statutory text to protect biological fathers.