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5-4

Adoptive Couple v. Baby Girl

5-4

Prologue Projects

News Commentary, News, Government

4.63.2K Ratings

🗓️ 21 September 2021

⏱️ 48 minutes

🧾️ Download transcript

Summary

A treaty or law not honored by the United States? It's more likely than you think! In a rare child custody case, the Supreme Court rules on the Indian Child Welfare Act, and finds that when you squint your eyes and look at the law kinda sideways in the dark, Congress must not have meant for the law to actually keep Native families together. Land back.

Listen to This Land with Rebecca Nagle, so that Rachel can get that $50. And for more about Adoptive Couple v. Baby Girl, check out this episode of More Perfect.



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Transcript

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0:00.0

Hey y'all, we've gotten tons of questions about this, so we're really excited to announce

0:07.0

that you can finally give a subscription to 5.4 Premium as a gift.

0:12.3

It's perfect for law students, for corporate lawyers who hate their lives, family members

0:17.3

who don't understand why you're a model the time, supreme court clerks, anyone who

0:22.5

you think would enjoy 5.4.

0:25.3

Your gift subscription gets all the same perks, subscriber only episodes, invitations

0:30.7

to exclusive events, access to the 5.4 private slack, discounts on merch, and early access

0:38.2

to live show tickets.

0:40.4

Intent.

0:41.7

Keep an ear out for that.

0:43.6

You can snag a gift subscription to 5.4 at 54pod.com slash support.

0:50.1

We'll hear argument first this morning in case 12, 399 adoptive couple versus baby girl.

1:07.5

Hey everyone, this is Leon from Fiasco and Prologg Projects.

1:14.6

In this week's episode of 5.4, Peter, Rianne, and Michael are talking about a case called

1:19.9

adoptive couple V. Baby Girl.

1:22.8

On its face, it's a custody dispute between a biological father and the couple who adopted

1:27.2

his child.

1:28.2

But because the father was a member of the Cherokee Nation, the case had broader implications

1:33.0

for the legal protections granted to Native Americans.

1:36.4

The relevant statute at play was the Indian Child Welfare Act of 1978, Iqua for short,

1:42.8

which was designed to address bias against Native Americans in the child welfare system.

1:47.6

The petitioners in the case were a pair of adoptive parents who argued that the biological

...

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