WASHINGTON - Another blow for the Oklahoma father of a 3-year-old child caught in a high-profile adoption battle.
The U.S. Supreme Court denied Dusten Brown's plea for a stay in the South Carolina Supreme Court's recent ruling granting parental rights to Matt and Melanie Capobianco, who cared for "Baby Veronica" for nearly the first two years of her life.
RELATED: S.C. court orders 'Baby Veronica' back to adoptive parents (http://bit.ly/VeronicaSCruling)
In a brief order, the Court declared the ruling:
The application for stay of judgment presented to The Chief Justice and by him referred to the Court is denied. The motion of the Guardian ad Litem for leave to file a response with exhibits under seal with redacted copies for the public record is granted. Justice Ginsburg and Justice Sotomayor would grant the application for stay.
In a statement, the Cherokee Nation responded to the decision:
We are extremely disappointed that the United States Supreme Court denied our application to stay the enforcement of the South Carolina Supreme Court order, which ruled to immediately finalize the adoption of Veronica. 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. 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. While Veronica may not have a right to a determination of her best interests under South Carolina or federal law, she does have that right under Oklahoma and Cherokee Nation law.
--Chrissi Nimmo, Assistant Attorney General for the Cherokee Nation
Scotusblog, a prominent watchdog of the Supreme Court, wrote Friday that it's unclear whether Brown, his wife, his parents or the Cherokee Nation have any remaining legal recourse.
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