The Christian Alliance for Indian Child Welfare is relieved that the IWCA was rightfully limited today. This opinion confirms that the Indian Child Welfare Act does not apply where an Indian parent never had custody of the Indian child. The case has been sent back to the South Carolina Supreme Court because the State Court had erred in its reading of the federal law. Although we are deeply disappointed that this case is not over, Matt & Melanie will continue to fight for their daughter and we believe that they will prevail and Veronica will return to her family.
There is more work to do. CAICW further appreciates the concurring opinion of Justice Clarence Thomas in his citing of the work of Rob Natelson, Senior Fellow in Constitutional Jurisprudence, Independence Institute & Montana Policy Institute, concerning the unconstitutionality of the ICWA.
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