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Supreme Court Decisions...
Posted: Tue Jun 25, 2013 7:55 am
by Ibanez
The Supreme Court says a Native American child doesn’t have to be taken away from her adoptive parents and given to her biological father.
The justices ruled 5-4 Tuesday in a case about a federal law intended to keep Indian children from being taken from their homes and typically placed with non-Indian adoptive or foster parents.
http://www.washingtonpost.com/politics/ ... story.html" onclick="window.open(this.href);return false;
This is a huge win.
he case hinged on the federal law aimed at placing American Indian children in foster or adoptive families who share their heritage. It arose in 1978 after advocates pointed out that a striking number of American Indian children were being placed outside their cultures, further diluting native societies.
Veronica was born to Brown, an Army reservist and member of the Cherokee Nation in Oklahoma, and Christinna Maldonado, a Hispanic mother of two.
The two had been engaged, but they broke off their relationship months before Veronica was born.
Before the birth, Maldonado gave Brown a choice between giving up his paternal rights or paying child support. Brown declined to give Maldonado money, but he later told attorneys that he didn’t mean to allow Veronica to be put up for adoption.
Meanwhile, the Capobiancos were stymied in their own efforts to have a child. After in vitro fertilization failed, they turned to adoption and met Maldonado through an agency.
They were with Maldonado when Veronica was born. Maldonado signed over custody to the Capobiancos, and the couple flew the infant to South Carolina, where adoption proceedings commenced.
http://www.postandcourier.com/article/2 ... y-veronica" onclick="window.open(this.href);return false;
Re: Supreme Court Decisions...
Posted: Tue Jun 25, 2013 8:06 am
by ∞∞∞
The Supreme Court just struck down the provisions that make the Voting Rights Act of '65 relevant. Unless Congress does something to update it, the act is pretty much worthless as it stands right now.
Re: Supreme Court Decisions...
Posted: Tue Jun 25, 2013 8:31 am
by ∞∞∞
Decisions on DOMA and Prop. 8 will be released tomorrow.
Re: Supreme Court Decisions...
Posted: Tue Jun 25, 2013 8:36 am
by Ibanez
∞∞∞ wrote:The Supreme Court just struck down the provisions that make the Voting Rights Act of '65 relevant. Unless Congress does something to update it, the act is pretty much worthless as it stands right now.
Isn't the focus on Section 5? In 2013, is this law, largely symbolic?
Re: Supreme Court Decisions...
Posted: Tue Jun 25, 2013 10:04 am
by tribe_pride
∞∞∞ wrote:The Supreme Court just struck down the provisions that make the Voting Rights Act of '65 relevant. Unless Congress does something to update it, the act is pretty much worthless as it stands right now.
Section 2 is still constitutional which I would argue is the biggest part of the Act - this is the part that contains a general prohibition on racial discrimination in voting.
The Supreme Court just ruled that Section 4 of the Voting Rights Act of 1965 is unconstitutional (namely a formula that looks back to how things were in 1972). How things were more than 40 years ago should not be used as a basis for subjecting jurisdictions to preclearance.
Remember that by the Constitution, the states have the power to regulate their own election. It was only because of how discriminatory things were that the Feds were allowed to have some regulation. Why should a state like Mississippi or Georgia who both had higher Black than White registration rates in 2004 require preclearance when most other states do not?