with Marcia Zug, Bert Hirsch, Deb Wells, Marla Jean Big Boy, Michael Evan Nohart, Terry Cross, Lori McGill, Mark Fidler, Dustin Brown, John Nichols, Shannon Jones, Christy Nemo, Salangel Maldonado, Tajinder Singh
Radiolab revisits the Supreme Court case Adoptive Couple v. Baby Girl, centered on the custody of Veronica, a child eligible for Cherokee Nation membership, and the application of the Indian Child Welfare Act (ICWA). The episode traces the mid‑20th century history of widespread removal of Native American children from their families that led to ICWA, then walks through the conflicting narratives of Veronica's adoptive parents, her Cherokee father Dustin Brown, and their lawyers as the case moves through the courts up to the Supreme Court. A 2025 update explains that Veronica was ultimately returned to her adoptive parents and that, despite repeated legal challenges, ICWA was upheld by the U.S. Supreme Court in 2023 but continues to face ongoing challenges.
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Actionable insights and wisdom you can apply to your business, career, and personal life.
Legal safeguards designed to remedy historical injustice can seem harsh or unfair in individual cases, but understanding their origins and purpose is essential before judging their application.
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Documents and legal agreements you sign-especially under time pressure-can have consequences far beyond what you assume, so informed consent and legal counsel are critical.
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In complex conflicts, different parties can experience genuine harm at the same time, and holding multiple truths is necessary for responsible judgment and policy-making.
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Definitions of identity and membership-such as tribal citizenship-are often political and legal, not just biological, and those definitions shape access to rights and protections.
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Legal battles over individual cases can become vehicles for much larger structural changes, so selecting and framing test cases strategically has long-term consequences.
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The notion of a child's "best interests" is not purely emotional; it is deeply shaped by legal standards, history, and whose values are being prioritized.
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Episode Summary - Notes by Casey