On Wednesday, June 26th, Matt and Melanie Capobiano’s attorney filed an Application with the United States Supreme Court, requesting that the Court put its order into effect “forthwith” regarding its decision in Adoptive Couple v. Baby Girl. Asking the justices to dispense with the usual 25 day period, the justices were told in the Application for the Issuance of Mandate Forthwith that time was of the essence. The attorney for the biological father filed a response, opposing the Application. On Friday, June 28th, Justice Alito ordered that the mandate issue to the South Carolina Supreme Court within 7 days after the date of the order. The case should be back in South Carolina at the end of next week.
Lyle Denniston discusses the motions in his blog post on SCOTUS while Addie Rolnick and Kim Pearson discuss the Court’s interpretation and narrowing of the Indian Child Welfare Act in their joint blog post on the PrawfsBlawg.
Updates will continue.