Wednesday, July 31, 2013

Congratulations Dr. Kirby!

A belated congratulations to our very own Dr. Alec Kirby on the amazing reviews his new book is receiving. 

Some highlights:
"This long-overdue study of the ambitious former Minnesota governor explains how his undeniable intelligence and ability were overshadowed by an outsized ego that left no room for introspection or self-criticism. The highlight of the book is an illuminating, blow-by-blow description of Stassen’s misguided and politically fatal attempt, while working in the Eisenhower administration, to seek an unauthorized break-through during 1957 disarmament talks with the Russians."--James Worthen, author of The Young Nixon and His Rivals: Four California Republicans Eye the White House, 1946-1958

"Kirby, Dalin and Rothmann have delivered the definitive biography of Harold Stassen, a cautionary tale of what befalls a politician who triumphs all too easily when all too young. Stassen might well have taken the GOP in a more liberal direction. He certainly came close in spring of 1948. How he got to that point and what happened following it are revealed in these pages. Essential reading in understanding the Republican Party of the 1940s and invaluable in understanding how the GOP got to be where it is today."--David Pietrusza, political historian and author
And also a great review in the San Francisco Chronicle that everyone should click through and read in its entirety.

Pick up your very own copy at your local bookstore, on Amazon or direct from the publisher, and maybe we can talk Dr. Kirby into doing a book signing day ;)

Friday, July 19, 2013

Recent SCOTUS Ruling on the Indian Child Welfare Act



In the midst of several important and historic rulings by the Supreme Court this term (Voting Rights Act, DOMA), a ruling pertaining to the Indian Child Welfare Act (ICWA) has been less remarked upon.  I think this ruling is similarly important and historic, so here is my take on it. 

First, a brief synopsis (you can see a timeline here).  The case involves a baby girl, Veronica, born to a Latina mother and Cherokee father in September of 2009 in Oklahoma.  The parents’ relationship ended a few months before she was born and her mother, through an adoption attorney, was connected with a white family, the Copabiancos, who wanted to adopt Veronica.  The adoption attorney contacted the Cherokee nation about the father’s membership in the tribe, but due to errors in the information about the father, they were unable to verify his membership.  A few days after Veronica was born, the Copabiancos filed to adopt Veronica and have her moved to their home in South Carolina.  The courts granted this request on the basis of paperwork that listed Veronica as “Hispanic.”  Several months later in January, 12 days before the father was deployed to Iraq, the Copabiancos attorney served him with papers relinquishing his rights to Veronica.  He claimed he thought the papers were relinquishing ties with the mother and requested to have them back after he signed.  The process server refused.  The father then contacted a JAG lawyer for advice and, a few days later, filed documentation to establish paternity, custody, and support of Veronica (this is about 4 months after Veronica’s birth).  At this point, the Cherokee Nation verified his membership while Veronica remained with the Copabiancos (but was never officially adopted, only granted temporary custody).  In May the father filed a response in family court stating he did not consent to the adoption.  The father returned from Iraq, in December of 2010, and a family court trial finally occurred in September of 2011.  In November, the family court denied the Copabiancos’ petition for adoption and awarded custody to the father, stating that ICWA applies to the case.  The court further noted there was no reason to terminate the father’s parental rights or to think Veronica would not be safe and cared for with him.  After a series of appeals, the case was heard by the Supreme Court who ruled that ICWA did not apply in this case because the father did not have custody of the child when she was first adopted and because no relatives or other Native Americans came forward to adopt Veronica (thus they could not be given preference).