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R. K. B., et al. v. E. T.

Paid petition · Supreme Court of Utah, No. 20150434 · judgment August 31, 2017


Certiorari denied · March 26, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Question presented

The Indian Child Welfare Act of 1978, 25 U.S.C. 1901–1963, applies to state custody proceedings involving an Indian child. State courts of last resort are divided on the following critical question, a question that likely affects thousands of adoption proceedings each year, and on which this court granted certiorari but did not reach in Adoptive Couple v. Baby Girl, 133 S. Ct. 2552, 2560 (2013): Does the Indian Child Welfare Act define “parent” in 25 U.S.C. 1903(9) to include an unwed biological father who has not complied with state law rules to attain legal status as a parent?

Counsel of record

For petitioner
Gene Clayton Schaerr
Schaerr | Jaffe

For respondent
Adam Howard Charnes
Kilpatrick Townsend

Case

Conference history
Distributed for 1 conference

Amicus briefs
4 cert-stage

Linked docket
17A562

Proceedings

  1. Mar 26 2018
    Petition DENIED.
  2. Mar 07 2018
    DISTRIBUTED for Conference of 3/23/2018.
  3. Mar 06 2018
    Reply of petitioners R. K. B., et al. filed.
  4. Feb 16 2018
    Brief of respondent E.T. in opposition filed.
  5. Feb 02 2018
    Brief amici curiae of Academy of Adoption and Assisted Reproduction Attorneys filed.
  6. Feb 02 2018
    Brief amicus curiae of Utah Adoption Council filed.
  7. Feb 02 2018
    Brief amicus curiae of Goldwater Institute filed.
  8. Feb 01 2018
    Brief amicus curiae of National Council For Adoption filed.
  9. Jan 23 2018
    Blanket Consent filed by Petitioners, R. K. B., et al..
  10. Jan 18 2018
    Motion to extend the time to file a response is granted and the time is extended to and including February 16, 2018
  11. Jan 17 2018
    Motion to extend the time to file a response from February 2, 2018 to February 16, 2018, submitted to The Clerk.
  12. Dec 29 2017
    Petition for a writ of certiorari filed. (Response due February 2, 2018)
  13. Dec 21 2017
    Application (17A562) denied by Justice Sotomayor.
  14. Dec 18 2017
    Application (17A562) to extend further the time from December 29, 2017 to January 16, 2018, submitted to Justice Sotomayor.
  15. Nov 22 2017
    Application (17A562) granted by Justice Sotomayor extending the time to file until December 29, 2017.
  16. Nov 20 2017
    Response to application from respondent E.T. filed.
  17. Nov 17 2017
    Application (17A562) to extend the time to file a petition for a writ of certiorari from November 29, 2017 to December 29, 2017, submitted to Justice Sotomayor.