BEST INTEREST OF THE CHILD IS STILL THE STANDARD ON PAPER, BUT SINCE TROXEL, THAT HAS BECOME SOMETHING OF A FICTION, AS ANY SIGNIFICANT DECISION THAT WOULD OVERRIDE PARENTAL DECISIONMAKING BECOMES HIGH CONSTITUTIONAL THEATRE.
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Replying to @RepublicanDalek @gorskon and
AS YOU AND THE OTHER HUMAN POINT OUT, COURTS (RARELY) OVERRIDE AND ORDER MEDICAL TREATMENT. THAT IS ESSENTIALLY A JUDGMENT THAT DENYING CARE AMOUNTS TO CHILD ABUSE, WHICH (ONLY PARTIALLY) CONFLICTS WITH PARENTAL CON RIGHTS. BUT ORDERING *NON-TREATMENT*?
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There is no legal barrier. It would run against cultural and political barriers.
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That was my thought. After all, Rand Paul himself said in the context of vaccine mandates, "The state doesn’t own the children. Parents own the children, and it is an issue of freedom." Yes, he really said that.https://respectfulinsolence.com/2015/02/03/is-republican-party-becoming-antivaccine-party/ …
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HE'S NOT WRONG IN HOW FAMILY LAW TREATS KIDS (CHATTEL). PARENTAL RIGHTS IN THE FAMILY LAW CONTEXT ARE CONSTITUTIONAL. THERE IS NO COMPARABLE DOCTRINE TO PROTECT THE CHILD. IT GETS DOWNRIGHT BIZARRE.
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He's also expressing approval. This pervasive attitude that children are the parents' property is a HUGE problem that makes protecting children from medical neglect so difficult.
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HE'S ALSO WRONG IN VACCINE CONTEXT, AS AN OLD SCOTUS CASE, JACOBSON, MAKES CLEAR THAT INDIVIDUAL CONSTITUTIONAL RIGHTS CAN BE SUBORDINATED TO PUBLIC HEALTH. THOUGH JACOBSON HAILS FROM HIGH EUGENICS/ANTI-IMMIGRANT PHASE OF SCOTUS, AND MAKES MANY SCHOLARS TODAY A BIT... QUEASY.
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I would draw on Prince v. Massachusetts. Although the text there is obiter, it's very persuasive obiter, and draws on Jacobson and several other cases.
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THE DALEK WOULD HESITATE TO REACH FOR PRINCE. IT WAS A SHAKY 5-4 AT THE TIME, GIVES TOO LITTLE WEIGHT TO THE RELIGIOUS ARGUMENTS, AND FEELS LIKE A THROWBACK TO GOBITIS-STYLE HATING ON JEHOVAH'S WITNESSES. PLUS IT MIGHT NOT SURVIVE TROXEL.
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Replying to @RepublicanDalek @doritmi and
OH MY DAVROS I HAVE BEEN TRICKED INYO DISCUSSING SQUIRRELY OLD LAW INSTEAD OF HITTING THE BARS AT LUNCHTIME. WHAT HAVE YOU HUMANS DONE? *FLEES TO SAFETY OF NEAREST BEER MERCHANT*
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Didn't know tell you? I was just hanging out with The Doctor. 
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