If there were no God, there would be no Atheists.
G. K. Chesterton
In the Best Interests of Veronica: SCOTUS Got One Right: Thumbs UP!
(Well, I of course would have preferred a stronger ruling, cf. Justice Thomas...) I'm sure that "Cherokee Lizzie" Warren has something to say about this. The case was decided several days ago. The case was not on my radar until a Cato commentary (listen to Walter Olson's commentary here). This is one of those cases that leads one to take Shakespeare's classic line, "Let's kill all the lawyers", at face value. (So help me if I hear one more lawyer defensively argue that the quote is misunderstood....)
For anyone whom doesn't know the story behind the case, let me provide a basic summary. In that inkblot on American history called the Carter Administration, we saw a dubiously constitutional law passed into law, based primarily on racial identity called the Indian Child Welfare Act: think of the Endangered Species Act applied to Indian tribes. At the time of the act, up to nearly a third of Indian children ended up (via that enlightened government agency, the Bureau of Indian Affairs) placed in non-Indian homes through local states. In essence, the law gives Indian tribes a legal trump card in custody battles involving adoptions of Indian children.
The case in question shows how bad laws often lead to absurd consequences. An unmarried Hispanic woman Christina Maldonado in Oklahoma got pregnant by fiance Dusten Brown, whom had some Cherokee ancestry, enough to be recognized as part of the Cherokee Nation, although he did not live on a reservation. (For context, the unborn child was 3/256 Cherokee by ancestry; now you understand why I referenced "Cherokee Lizzie".) Brown refused to provide any support for related expenses unless and until they were married. A few months later, Maldonado broke off the engagement and subsequently asked him to either provide child support or relinquish his paternal rights. He chose the latter.
Maldonado decided to put her daughter up for adoption to Matt and Melanie Capobianco of South Carolina; by all accounts, the Capobiancos have been exemplary parents for the baby for more than 2 years. Because of clerical errors in identifying the father, the Cherokees were unaware of the adoption proceedings as required by Oklahoma law. Brown never paid a penny of support through 4 months after the baby girl was born. Brown signed legal paperwork for the adoption thinking Maldonado was raising the girl. When he realized the baby was being adopted, he immediately tried to renege his consent and used a federal law to stay the proceedings while he served in Iraq. He contested the adoption using the ICWA trump card with the Cherokees joining him. Under South Carolina law, the Capobiancos would have won based on Brown's refusal to contribute for the baby's expenses, but the trial court ruled for Brown based on the supremacy consideration of federal law, patently against the best interests of the baby girl.
A fuller discussion of the legal proceedings leading to the Capobiancos' appeal to SCOTUS can be found here. Suffice it to say the couple lost on federal supremacy grounds through the SC Supreme Court.
While the lawyers as usual argue over how many angels dance on the tip of a pin, keep in mind the child has only a trace of Indian blood; why is the 253/256 non-Indian heritage less equal? Even if you believe that the ICWA isn't just another piece of unconstitutional trash, this had nothing to do with a Native American child born on a reservation being adopted outside the reservation, which was the intent of the law in the first place. Why should a deadbeat father be given special consideration solely because he had a Native American in his family tree? It's a blatant violation of equal protection--solely on racial grounds, clearly inconsistent with the Reconstruction amendments to the Constitution. Never mind traditional state responsibilities under the Tenth Amendment.
The case was decided 5-4 with Scalia and Breyer switching sides. Scalia seemed to be principally focused on paternal rights. Alito wrote the majority opinion, which focused on the language of the act itself, i.e., "continued custody", which Brown never had. Alito also referenced the tenth amendment. (Olson has a write-up on the case for Reason here.)
The story doesn't have a happy ending yet, but my reading is the federal supremacy issue had been the principal roadblock to the adoption under SC law. Let's look forward to the day when the beautiful sweetie Veronica can finally write her name using the surname 'Capobianco'. (Don't get me started on progressive talking heads like Melissa Harris-Perry whom would subordinate a child's best interests, whose biological father only showed an interest in the child when she was being put up for adoption, to the god of identity politics.)
Latest JOTY Nominee: State Sen. Wendy Davis (D-TX)
Need I say more than her following in the shameful footsteps of born alive infant protection act opponent Barack Obama: we are talking about standing up for the morally unconscionable intentional killing of babies whom can feel pain by 20 weeks. (To read a moving story of a mother whom lost her precious 19-week prematurely born son, see here.) Kudos to Governor Perry for calling a second special session.
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| Courtesy of LifeSiteNews |
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| Courtesy of Holly Renee |
Pennsylvania needs sign spell-checkers... A fix will cost at least hundreds of dollars. Epharta is the road to nowhere....
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| Courtesy of allproudAmericans.com |
He writes the rationale for his votes on Facebook. Consider this sample gem:
I voted yes on the Blumenauer of OR Part B Amendment 2 to H R 1960, which reduces the number of operational aircraft carriers the U.S. Navy *must* have from eleven to ten. The amendment simply gives the Navy greater discretion. The United States currently has as many aircraft carriers in service as all of the other countries of the world combined. It failed 106-318.Remy is Celebrating the Fourth of July... He Needs Big Nanny Spray
Buttercup
Political Cartoon
I love reflexive humor...
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| Courtesy of Steve Kelley and Townhall |
The Beatles, "Things We Said Today"
