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>>> WELL, DIVIDED SUPREME COURT
STRUCK DOWN KEY PORTS OF THE
VOTING RIGHTS ACT OF 1965.
THIS WAS ONE OF THE MOST CLOSELY
WATCHED CASES ON THE DOCKET.
THEY FOUND CONGRESS DID NOT
PROVIDE ACQUIT JUSTIFICATION FOR
PROJECTING NINE STATES TO
FEDERAL OVERSIGHT.
THE OUTLINE WAS THE LAW PASSED
AT THE PEAK OF THE CIVIL RIGHTS
ERA IS OUT OF DATE.
THE RULING LEAVES IT UP TO
CONGRESS TO REVISE THE LAW.
WE'VE ALSO GOT A 360 FOLLOW IN
THE COURT DOING SOMETHING IT
DOESN'T OFTEN DO, ISSUED A
RULING IN A WRENCHING CHILD
CUSTODY CASE.
NOT MANY CUSTODY BATTLES END UP
AT THE SUPREME COURT BUT THIS
KNOWN AS THE INDIAN CHILD CASE
THIS IS BABY VERONICA.
SHE'S 3 YEARS OLD AND WE'VE BEEN
FOLLOWING THE CASE CLOSELY.
THE 4-5 IS A VICTORY FOR THE
ADOPTIVE PARENTS.
IT COMPLICATED.
WE'LL GET TO THE RULING BUT
RANDI KAYE HOW THE CASE GOT TO
THE HIGHEST COURT IN THE NATION.
>> Reporter: THIS IS VIDEO FROM
THE LAST TIME MAT AND MELANIE
CAPOBIANCO SAW THEIR LITTLE GIRL
IN 2011.
THEY RACED FOR FOR TWO YEARS AND
WERE ADOPTING HER WHEN A COURT
ORDERED THEM TO HAND HER OVER TO
THE BIOLOGICAL FATHER.
>> DO YOU THINK THIS IS IN HER
BEST INTEREST?
>> I THINK SO.
>> Reporter: A MAN VERONICA
NEVER MET.
>> FOR A LITTLE GIRL TO BE PUT
IN THE CAR WITH STRANGERS AND
DRIVEN TO OKLAHOMA AND HAVING NO
RECOURSE OR CONTROL OVER IT
IS -- I MEAN, YOU KNOW, WE'RE
HER PARENTS.
I'M HER FATHER, YOU KNOW,
SUPPOSED TO BE THERE TO PROTECT
HER.
>> YOU WANT TO BE AN ENGINE NEAR
WHEN YOU GROW UP?
>> YEAH.
>> Reporter: NOW THREE VERONICA
IS CAUGHT IN THE MIDDLE OF ONE
OF THE STRANGEST ADOPTION CASES
WE'VE EVER HEARD.
IT BEGAN IN 2009 BEFORE SHE WAS
BORN, WHEN VERONICA'S BIOLOGICAL
MOTHER PUT HER UP FOR ADOPTION.
THE COUPLE WERE THRILLED WHEN AN
ADOPTION ATTORNEY CONNECTED THEM
WITH VERONICA'S BIOLOGICAL MOM.
SHE SAID THE BIOLOGICAL FATHER
AGREE
AGREED TO WAIVE PARENTAL RIGHTS
MATT CUT THE UMBILICAL CORD AND
SINCE, SHE LIVED WITH THEM IN
SOUTH CAROLINA.
>> I GUESS PEOPLE THINK WE'RE
NOT SUPPORTED TO LOVE HER UNTIL
THE INK IS DRY AND KIND OF CARE
FOR HER UNTIL EVERYTHING IS, YOU
KNOW, YEARS DOWN THE LINE AND
SHE'S ADOPTED.
>> Reporter: THE CAPOBIANCO'S
WERE HEART BROKEN WHEN AFTER
FOUR MONTHS AFTER THEY BROUGHT
HER HOME HER BIOLOGICAL FATHER
FILED FOR PATERNITY AND CUSTODY,
EVEN THOUGH HE SIGNED A LEGAL
DOCUMENT SAYING HE WOULD NOT
CONTEST VERONICA'S ADOPTION.
HE WAS ABLE TO DO SO THANKS TO
LITTLE-KNOWN FEDERAL LAW FROM
1978 CALLED THE INDIAN CHILD
WELFARE ACT.
YOU SEE, BROWN IS PART CHEROKEE
AND A MEMBER OF THE CHEROKEE
NATION, WHICH MEANS VERONICA IS
PART CHEROKEE, TOO.
CONGRESS PASSED THE LAW AFTER
FINDING 30% OF INDIAN CHILDREN
WERE BEING REMOVED FROM HOMES
AND PLACED WITH NON-INDIAN
FAMILIES.
THE LAW IS DESIGNED TO KEEP
INDIAN CHILDREN WITH INDIAN
FAMILY MEMBERS, AND PROTECT THE
INTERESTS OF THOSE CHILDREN.
>> I DON'T KNOW HOW TEARING A
CHILD AWAY FROM THE ONLY FAMILY
SHE'S EVER KNOWN WITHOUT ANY
TRANSITION PERIOD AND
NOVICENOV
NO VISITATION IS IN HER BEST
INTEREST.
>> Reporter: THE ATTORNEY
GENERAL FOR THE CHEROKEE NATION
THINKS THE LAW IS WORKING.
>> IT'S NOT ANYONE'S INTENT
TO -- TO RIP A CHILD AWAY FROM A
LOVING HOME.
BUT WE WANT TO MAKE SURE THOSE
LOVING HOMES HAVE THE
OPPORTUNITY TO BE INDIAN HOMES
FIRST.
>> WHAT ET NICETY --
>> Reporter: AFTER THE FAMILY
COURT RULE IN DUSTIN BROWN'S
FAVOR THEY PETITIONED HOPING THE
HIGHER COURT WORLD OVERTURN THE
RULING.
AFTER THREE MONTHS THEY GOT MORE
BAD NEWS.
THE SUPREME COURT RULE IN FAVOR
OF VERONICA'S BIOLOGICAL FATHER.
IT WASN'T AN EASY DECISION FOR
THE COURT, THOUGH.
THE JUSTICES WERE SPLIT 3-2.
IN THE MAJORITY THEY WROTE THEY
ARE UPHOLDING THE FAMILY COURT'S
RULING WITH A HEAVY HEART.
THEY CONCLUDED THE BIOLOGICAL
FATHER AND HIS FAMILY CREATED A
SAFE, LOVING AND APPROPRIATE
HOME FOR HER.
THOSE IN THE DESCENTING OPINION
SAID FEDERAL LAW SHOULDN'T TRUMP
STATE LAW FATHER ABANDONED
RESPONSIBILITIES IN EVERY
RESPECT.
LAWYERS FROM DUSTIN BROWN SAY
QUOTE HE'S A GOOD PARENT AND
VERONICA IS HAPPY, HEALTHY AND
THRIVING.
SINCE SHE WENT TO LIVE WITH HER
BIOLOGICAL FATHER, THE C
CAPOBIANCOS SAY THEY ONLY SPOKE
WITH HER ONCE.
>> WE TOLD HER WE LOVED HER, AND
WE SAID WE LOVED HER, TOO.
BUT THAT WAS IT.
>> Reporter: THEY DIDN'T GIVE
UP.
THEY TOOK THEIR CASE TO THE
SUPREME COURT AND JUST TODAY
HEARD THE RULING.
THE COURT SIDED WITH THE C
CAPOBIANCOS BUT THE JOURNEY IS
NOT OVER.
>> THEY HAVE TO GO BACK TO COURT
IN SOUTH CAROLINA AND FINALIZE
THE ADOPTION.
THEY SHOULD GET IT AND WIN BUT
IT COULD BE CONTESTED AND IT
COULD TAKE MONTHS.
>> THIS IS HER ROOM.
>> Reporter: THE CAPOBIANCOS
ALWAYS HELD OUT HOPE THAT
VERONICA WOULD COME BACK TO
THEM.
>> THIS IS OUR HOME.
IT WILL ALWAYS BE OUR HOME BUT
SHE IS GOING TO COME HOME.
SHE'S GOING TO PLAY WITH THIS