Adoptive Couple, Petitioners v. Baby Girl, a Minor Child Under the Age of Fourteen Years — Scalia, J…

Summary

Justice Sotomayor dissents, arguing the majority misinterprets the Indian Child Welfare Act by excluding noncustodial biological fathers from its protections. She contends that ICWA broadly defines 'parent' and requires active efforts and heightened evidentiary standards before terminating parental rights, regardless of prior custody. Justice Scalia joins this dissent except for one statutory interpretation detail. Justice Thomas concurred, noting constitutional avoidance, and Justice Breyer concurred, expressing policy concerns.