Adoptive Couple v. Baby Girl

I join Justice SOTOMAYOR's dissent except as to one detail. I reject the conclusion that the Court draws from the words "continued custody" in 25 U.S. C § 1912(f) not because *668"literalness may strangle meaning," see post, at 2577, but because there is no reason that "continued" must refer to custody in the past rather than custody in the future. I read the provision as requiring the court to satisfy itself (beyond a reasonable doubt) *2572not merely that initial or temporary custody is not "likely to result in serious emotional or physical damage to the child," but that continued custody is not…