I still have not followed this case any more than I did when the story first broke any more than reading the headlines. I saw that the Texas Supreme Court has upheld the Court of Appeals decision, which had held that the removal of the children from the compound was unwarranted. See Texas High Court: Removal of Sect Kids 'Not Warranted.' The Texas opinions can be found here. The original court of appeals decision can be found here.
I will not comment on the case because I have worked on similar underlying issues in admittedly unrelated cases. I will say that from what I have read about the Texas case, it seems that the majority had it right. The implication, I would guess, is not so much about the rights of these children per se, but the quantum of evidence required for the state/government/police to cross the sanctity of the home or take away a person's children. Given the burden required in a case where children are involved, and parental rights generally, if the trial court didn't find that the State of Texas had met its burden, I'm sure it came as no surprise to anyone involved that those factual findings would probably not be disturbed on appeal.
I also note that the Supreme Court is debating weighing in on fantasy sports. Because this was initially reported by the The New York Personal Injury Law Blog on April 1 (linked originally through Above the Law), I thought it was a cleverly written April Fools entry. On the news today though, it seems that this joke may have garnered some steam, although I haven't found anything on the wires confirming what Fox News has been reporting. It's something to follow I guess.
Thursday, May 29, 2008
Texas Supreme Court agrees that the police needed more to enter the polygamist compound
Tags:
Subscribe to:
Post Comments (Atom)
2 comments:
Anyone catch the comment from Willie Jessop, FLDS member, said right afterwards and, I quote:
"There has been a catastrophic emotional and physical trauma to these families, permanent damage that will be left on them for a lifetime. Two wrongs do not make a right, and the court has the ability to load these children up and return them."
Two wrongs don't make a right? If that wasn't an admission that CPS was RIGHT in taking the kids, or that CPS was right about the sexual abuse, then I don't know what that was.
I didn't catch that one, but I did flip past Nancy Grace who suggested to her viewers to contact the Texas Supreme Court and complain about their decision. What a loon.
Post a Comment