from the Supreme Court of South Carolina
See other cases from South Carolina.
MANDATE ISSUED.
UPON CONSIDERATION of the application of counsel for the applicants and the response filed thereto, IT IS ORDERED that the mandate shall issue to the Supreme Court of South Carolina seven days after the entry of this order.
Response to application from respondents Birth Father and Cherokee Nation filed.
Application (13A7) for issuance of the mandate forthwith, submitted to Justice Alito.
Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Breyer, JJ., joined. Thomas, J., and Breyer, J., filed concurring opinions. Scalia, J., filed a dissenting opinion. Sotomayor, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined, and in which Scalia, J., joined in part.
Argued. For petitioner: Lisa S. Blatt, Washington, D. C. For respondent Guardian ad Litem in support of petitioner: Paul D. Clement, Washington, D. C. For respondents Birth Father, et al.: Charles A. Rothfeld, Washington, D. C., and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Reply of respondent Guardian ad Litem, as representative of respondent Baby Girl, supporting reversal filed. (Distributed)
Reply of petitioner Adoptive Couple filed. (Distributed)
Upon consideration of the motions for leave to participate in oral argument as amicus curiae and the motions for divided argument, the time is to be divided as follows: 20 minutes for petitioners, 10 minutes for respondent Guardian ad Litem, 20 minutes for respondent Birth Father, and 10 minutes for the Solicitor General.
Renewed motion of petitioners for leave to file the joint appendix under seal with redacted copies for the public record GRANTED.
Brief amici curiae of Family Law professors filed. (Distributed)
Brief amici curiae of Inter Tribal Council of Arizona, et al. filed. (Distributed)
Brief amici curiae of Friends Committee on National Legislation, et al. filed. (Distributed)
Brief amici curiae of American Civil Liberties Union, and ACLU of South Carolina filed. (Distributed)
Brief amici curiae of Adult Pre-ICWA Indian Adoptees filed. (Distributed)
Brief amicus curiae of National Native American Bar Association filed. (Distributed)
Brief amici curiae of 63 California Indian Tribes filed. (Distributed)
Brief amici curiae of Wisconsin Tribes filed. (Distributed)
Brief amici curiae of Minnesota Department of Human Services and Minnesota Ombudsperson for American Indian Families filed. (Distributed)
Brief amicus curiae of Oklahoma Indian Child Welfare Association filed. (Distributed)
Brief amici curiae of Arizona, et al. filed. (Distributed)
Brief amici curiae of Tanana Chiefs Conference, et al. filed. (Distributed)
Brief amicus curiae of The Seminole Nation of Oklahoma filed. (Distributed)
Brief amici curiae of Association of American Indian Affairs, et al. filed. (Distributed)
Brief amici curiae of Casey Family Programs, et al. filed. (Distributed)
Brief amicus curiae of Current and Former Members of Congress filed.
Brief amici curiae of Seminole Tribe of Florida, et al. filed. (Distributed)
Brief amicus curiae of National Latina/o Psychological Association, et al. filed. (Distributed)
Brief amici curiae of Lower Sioux Indian Community, et al. filed. (Distributed)
Brief amicus curiae of Navajo Nation filed. (Distributed)
Brief amicus curiae of Honorable Abby Abinanti, Chief Justice of the Yurok Tribal Court filed.
Brief amicus curiae of Hamline University School of Law Child Advocacy Clinic filed. (Distributed)
Brief amici curiae of Professors of Indian Law filed. (Distributed)
Renewed motion of petitioners for leave to file the joint appendix under seal with redacted copies for the public record.
Motion of Birth Mother for leave to participate in oral argument as amicus curiae and for divided argument filed.
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Brief of respondent Birth Father filed. (Distributed)
Motion for divided argument filed by respondent Cherokee Nation.
Brief of respondent Cherokee Nation filed. (Distributed)
Record from Supreme Court of South Carolina is electronic.
Motion for divided argument filed by petitioners Adoptive Couple and respondent Guardian ad Litem as Representative of Respondent baby Girl.
Brief amicus curiae of the United States filed. (Distributed)
The motion of petitioners for leave to file the joint appendix under seal is denied without prejudice to filing a renewed motion together with either a redacted joint appendix, or an explanation as to why the joint appendix may not be redacted, within 14 days.
Brief amicus curiae of Adoptive Parents Committee, Inc. filed. (Distributed)
CIRCULATED.
Brief amici curiae of Bonnie and Shannon Hofer, et al. filed.
Brief amicus curiae of Citizens Equal Rights Foundation filed. (Distributed)
Brief amici curiae of Child Advocacy Organizations filed.
Brief amicus curiae of National Council for Adoption filed.
Brief amicus curiae of Christian Alliance for Indian Child Welfare filed.
Brief amicus curiae of Birth Mother filed.
Brief amicus curiae of American Academy of Adoption Attorneys filed.
Brief amici curiae of Professors Joan Heifetz Hollinger, et al. filed.
Motion for leave to file Joint Appendix under seal filed by petitioner Adoptive Couple.
Brief of respondent Guardian ad Litem, as representative of respondent Baby Girl, supporting reversal filed.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Birth Father and Cherokee Nation.
Brief of petitioner Adoptive Couple filed.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners
SET FOR ARGUMENT ON Tuesday, April 16, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Guardian Ad Litem of Baby Girl
Motion for leave to file amici brief filed by Professors Joan Heifetz Hollinger, et al. GRANTED.
Petition GRANTED.
Motion for leave to file Appendix B under seal GRANTED.
Reply of petitioners Adoptive Couple filed.
Brief of respondents Birth Father and Cherokee Nation in opposition filed.
Brief amici curiae of California State Association of Counties, et al. filed.
Motion for leave to file amici brief filed by Professors Joan Heifetz Hollinger, et al.
Brief amicus curiae of National Council for Adoption filed.
Brief amicus curiae of Birth Mother filed.
Brief amicus curiae of American Academy of Adoption Attorneys filed.
Order extending time to file response to petition to and including November 30, 2012.
Brief of respondent Guardian ad Litem, as representative of respondent Baby Girl filed.
Motion for leave to file Appendix B under seal filed by petitioners.
Petition for a writ of certiorari filed. (Response due October 31, 2012)
Adoptive Couple, Petitioner, represented by Lisa S. Blatt
Birth Father, Respondent, represented by Charles A. Rothfeld
Cherokee Nation, Respondent, represented by Chrissi Ross Nimmo
Guardian ad Litem, as representative of respondent Baby Girl, supporting reversal, Respondent, represented by Paul D. Clement
63 California Indian Tribes, Amicus Curiae, represented by Dorothy Ann Alther
Adoptive Couple v. Baby Girl, a Minor Child Under the Age of Fourteen Years, et al., Amicus Curiae, represented by Edwin S. Kneedler
Adoptive Parents Committee, Inc., Amicus Curiae, represented by Frederick J. Magovern
Adult Pre-ICWA Indian Adoptees, Amicus Curiae, represented by Edward C. DuMont
American Academy of Adoption Attorneys, Amicus Curiae, represented by Phillip J. McCarthy Jr.
American Civil Liberties Union, and ACLU of South Carolina, Amicus Curiae, represented by Stephen L Pevar
Arizona, et al., Amicus Curiae, represented by Dawn R. Williams
Association of American Indian Affairs, et al., Amicus Curiae, represented by Jack F. Trope
Birth Mother, Amicus Curiae, represented by Lori Alvino McGill
Birth Mother, Amicus Curiae, represented by Gregory G. Garre
Bonnie and Shannon Hofer, et al., Amicus Curiae, represented by Randall Tietjen
California State Association of Counties, et al., Amicus Curiae, represented by Lilly C. Frawley
Casey Family Programs, et al., Amicus Curiae, represented by Patricia A. Millett
Child Advocacy Organizations, Amicus Curiae, represented by Theane Evangelis Kapur
Christian Alliance for Indian Child Welfare, Amicus Curiae, represented by Jon Metropoulos
Citizens Equal Rights Foundation, Amicus Curiae, represented by James J Devine Jr.
Current and Former Members of Congress, Amicus Curiae, represented by Kathleen M. Sullivan
Family Law professors, Amicus Curiae, represented by Vernle C. Durocher Jr.
Friends Committee on National Legislation, et al., Amicus Curiae, represented by Philip Baker-Shenk
Hamline University School of Law Child Advocacy Clinic, Amicus Curiae, represented by Mary Jo Brooks Hunter
Honorable Abby Abinanti, Chief Justice of the Yurok Tribal Court, Amicus Curiae, represented by Abby Abinanti
Inter Tribal Council of Arizona, et al., Amicus Curiae, represented by Joe P. Sparks
Lower Sioux Indian Community, et al., Amicus Curiae, represented by Jennifer Yatskis Dukart
Minnesota Department of Human Services and Minnesota Ombudsperson for American Indian Families, Amicus Curiae, represented by Scott H. Ikeda
National Council for Adoption, Amicus Curiae, represented by John M. Jerabek
National Latina/o Psychological Association, et al., Amicus Curiae, represented by David M. Gische
National Native American Bar Association, Amicus Curiae, represented by Patricia Ferguson-Bohnee
Navajo Nation, Amicus Curiae, represented by Marcelino R. Gomez
Oklahoma Indian Child Welfare Association, Amicus Curiae, represented by Kelly Gaines Stoner
Professors Joan Heifetz Hollinger, et al., Amicus Curiae, represented by Mark W. Mosier
Professors of Indian Law, Amicus Curiae, represented by Stuart Banner
Seminole Tribe of Florida, et al., Amicus Curiae, represented by Jerry C. Straus
Tanana Chiefs Conference, et al., Amicus Curiae, represented by Heather R. Kendall
The Seminole Nation of Oklahoma, Amicus Curiae, represented by Eugene Kenneth Bertman
the United States, Amicus Curiae, represented by Donald B. Verrilli Jr.
Wisconsin Tribes, Amicus Curiae, represented by Colette Routel