SCOTUS decision on Baby Veronica passed over Monday

By Ava Wilhite

Charleston, S.C. (WCIV) -- The case of Baby Veronica and the Indian Child Welfare Act was one of the last cases argued in front of the U.S. Supreme Court this spring. Each week in June, decisions are handed down from the justices, but there's nothing yet on Veronica's case.

"It's typical that some of the most contentious and divided decisions will end up coming down to the wire at the end of June it happens almost every term," said Lori Alvino McGill, a Washington D.C. attorney representing Veronica's biological mother.

Alvino McGill said each decision day her eyes are glued to the Internet.

"We get all wrapped up every time there is a decision day. There's a lot of build up and let down when it turns out that the case hasn't been issued yet," said Alvino McGill.

Alvino McGill said she can only make assumptions as to what the waiting is like for the Capobianos.

"It's heart wrenching, I'm sure for them as it is for Christy, because you know she feels so strongly that Veronica belongs with them," said Alvino McGill.

Sixteen months have passed since Matt and Melanie Capobianco turned their daughter over to her biological father Dusten Brown on New Years Eve. Alvino McGill said her client has also suffered since the Capobianco's lost custody.

"Ever since the transfer, even she has not been allowed to see Veronica or talk to her, which is very different than the open adoption relationship, that she had with the Capobiancos. So she's been cut off," said Alvino McGill. {}

The Supreme Court's decision will determine whether Brown did enough as an unwed father, beyond biology to be able to veto the Capobianco's adoption of Baby Veronica through ICWA. Alvino McGill is arguing Brown originally terminated his parental rights and ICWA should not apply. The court will also decide the definition of a parent and the right of a child and if ICWA went beyond its original purpose.

The judge's decisions on six cases were heard around 10 a.m. Monday, but the opinion for the Veronica case was not one of them. More opinions will be heard on Tuesday but it could come down as late as Thursday.