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SCOTUS denies father's request for stay of judgment in adoption - abc27 WHTM

SCOTUS denies father's request for stay of judgment in adoption

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WASHINGTON (WCIV/AP) - The United States Supreme Court on Friday afternoon denied a father's request for a stay of judgement in the adoption of his biological daughter. 

In a three-sentence order from Chief Justice John Roberts, the court denied Dusten Brown's request, adding that Justices Sotomayor and Ginsburg would allow the stay.

The Cherokee Nation responded a short time later, saying they were disappointed in the high court's denial to hear Brown's application.

"The original decision of the United States Supreme Court did not mandate the removal of Veronica from her father, family and tribe. However, instead of clarifying their original decision, the United States Supreme Court has washed their hands of this case," said Chrissi Nimmo, the Assistant Attorney General for the Cherokee Nation.

"The majority of the United States Supreme Court reversed this case with little to no thought about what would happen to Veronica when the case was remanded to the lower court, and apparently still care very little about what is best for her."

Nimmo went on to say that Veronica's best interests are a right protected by the state of Oklahoma and the Cherokee Nation.

Earlier in the day, a Cherokee Nation attorney says a 3-year-old girl will be devastated if she is adopted by a South Carolina couple and taken away from her biological father, who is a tribe member.

Nimmo said Friday that Brown is unquestionably a fit parent. She says she can't understand how a South Carolina judge on Wednesday could have issued an order finalizing the adoption of a child living with a fit biological parent.

Brown had asked the U.S. Supreme Court to stay the ruling.

The girl's biological mother hand-picked the South Carolina couple to adopt her daughter, and they raised her for two years while seeking to adopt her.

Courts awarded Brown custody in 2011 under the 1978 Indian Child Welfare Act.

The Supreme Court overturned the state's ruling, however, saying the use of ICWA was incorrect and sent the decision back to South Carolina's highest court to render a new decision without ICWA.

The state court ordered the adoption to the Capobiancos, a James Island family, be completed by family court. A family court judge on Thursday upheld the state court's wish and set in motion a transition plan to move Veronica back to the Lowcountry.

The details of that transition are sealed.

Five Indian tribes have filed suit, saying Veronica's civil rights have been violated by South Carolina's decision to allow her adoption to go through. It is unclear if that case will pick up any momentum in stopping the adoption.

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