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Friday, September 27, 2013

#Baby Veronica proceedings update

Dissents in the Lift of Stay in Baby Girl Case and Additional Coverage of Proceedings


From the Oklahoma Supreme Court. Here.
 In addition to Veronica’s interests, the Cherokee Nation has been a party to all of the proceedings in the courts of South Carolina, in the United States Supreme Court, and in the courts of this State. As such, the Cherokee Nation has a direct and substantial interest in seeing that Veronica’s rights as an Indian child and member of the Cherokee Nation are fully protected, including the right to the special best interests determination under the law of the case. It would be virtually impossible for any court to make this special best interests determination without hearing from the Cherokee Nation.
Reif, V.C.J.

Everything in the life of Baby Girl has changed since 2011, and therefore, I cannot join the majority’s decision to dissolve the temporary stay and to deny original jurisdiction.1 Although this is a complicated case, we should accept our legal responsibility to follow established law in making a determination having such a profound impact on the life of this child.
Gurich, J.
H/T Constitutional Law Prof Blog
Today’s Tulsa World coverage here (including a discussion of the contempt charges in South Carolina).

2 comments:

  1. lol, what you wrote on that picture reminds me of the saying come over to the dark side we have better cookies....fucking Capobiancos....

    ReplyDelete
    Replies
    1. Cookies are not going to work for long, Anonymous.

      Delete

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Why tribes do not recommend the DNA swab

Rebecca Tallbear entitled: “DNA, Blood, and Racializing the Tribe”, bearing out what I only inferred:

Detailed discussion of the Bering Strait theory and other scientific theories about the population of the modern-day Americas is beyond the scope of this essay. However, it should be noted that Indian people have expressed suspicion that DNA analysis is a tool that scientists will use to support theories about the origins of tribal people that contradict tribal oral histories and origin stories. Perhaps more important,the alternative origin stories of scientists are seen as intending to weaken tribal land and other legal claims (and even diminish a history of colonialism?) that are supported in U.S. federal and tribal law. As genetic evidence has already been used to resolve land conflicts in Asian and Eastern European countries, this is not an unfounded fear.

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