News Outlet Color Lines Argues That Baby Veronica Case Is Not An Issue Of Race But Of Tribal Sovereignty

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In reaction to the recent Supreme Court decision in Adoptive Couple v. Baby Girl, the case concerning custody of Cherokee Nation citizen Dusten Brown's daughter Veronica Rose, Color Lines published an article asserting that the Supreme Court ruling entirely misses the point of the Indian Child Welfare Act (ICWA) and it's applicability to the Baby Veronica case.

According to the article, the ICWA was enacted to protect the sovereign rights of tribal nations, specifically in the case of high adoption rates by white parents of Native children. The article states that in states with large Native populations, such as Minnesota, over ninety-percent of adopted Native children prior to the ICWA enactment were going to non-Native families. The ICWA created provisions for keeping Native children within extended families, in order to protect the existence of tribal natives, rather than having adopted Native children lost contact with their Native traditions and communities.

A quote from Justice Samuel Alito reflecting the prevailing justices' decision is referenced by the article to support Color Line's claim that the prevailing justices viewed the case through the lens of race rather than tribal sovereignty. In his delivery on the ruling, Alito said "This case is about a little girl (Baby Girl) who is classified as an Indian because she is 1.2% (3/256) Cherokee". Color Lines maintains that the Cherokees are a nation, not a race, and that Baby Veronica is not just racially a percentage Cherokee, she is wholly Cherokee as a citizen of the Cherokee Nation.

The dissenting Supreme Court decision, as referenced by Color Lines in the recently published article, argues that the prevailing opinion ignores the true purpose of the ICWA. The article quotes Justice Sonia Sotomayer's dissenting opinion, "Unlike the majority, I cannot adopt a reading of ICWA that is contrary to both its text and its stated purpose".

The case for Baby Veronica is on-going and is especially poignant in light of what many Native American leaders see as rapidly progressing trend to diminish tribal sovereignty.