SCOTUS bigotry » Justice Alito And The 3/256

Old, but relevant

June 25, 2013

Justice Alito And The 3/256

In today's decision, Adoptive Couple v. Baby Girl, the Supreme Court held that the Indian Child Welfare Act did not apply to the particular facts of a case where a biological father sought to block adoption of his daughter.  The dad is a member of the Cherokee Nation and there was no dispute that the child he had with a non-Indian mother was nonetheless subject to the the ICWA.  But I sensed that it  irked Justice Alito that the child was  subject to a law designed to protect the Native American community because on two occasions in the opinion he noted that the little girl was  3/256th Cherokee - notwithstanding the fact that this detailed fact added nothing to the opinion.

More
http://www.thefacultylounge.org/2013/06/churlish-justice-alito-and-the-3256.html

••

The above is from The Faculty Lounge. 2 earlier articles on the same case, before decision announced, are on the same page. They are near the bottom, written in April, 2013
http://www.thefacultylounge.org/supreme-court/