Dan Epps

While it was important that federal courts heed the limits of their constitutional authority, it was equally important that they carry out their virtually unflagging obligation to exercise the jurisdiction given them.

Yeah, and Justice Alito seems to be leading the charge. I mean, I guess my intuition is that somebody should be able to have standing to sue for this. I mean, if the claim is that we will not know that this is happening and that's bad, saying only people who know that this is happening can sue doesn't work.

Yeah, and Justice Alito seems to be leading the charge. I mean, I guess my intuition is that somebody should be able to have standing to sue for this. I mean, if the claim is that we will not know that this is happening and that's bad, saying only people who know that this is happening can sue doesn't work.

Yeah. That's fair, although it seemed like part of the problem in Clapper was just that anyone in the world could potentially sue, depending on how far the reasoning goes.

Yeah. That's fair, although it seemed like part of the problem in Clapper was just that anyone in the world could potentially sue, depending on how far the reasoning goes.

Yeah. Yeah. Yeah. I would be curious to see the court resolve those cases. I mean, again, I actually do think that those are more plausible claims than the one that was being advanced in Scrimetti. Also tend to think that, you know, just, this is not really part of the show's jurisdiction. I tend to think that more politically palatable, right?

Yeah. Yeah. Yeah. I would be curious to see the court resolve those cases. I mean, again, I actually do think that those are more plausible claims than the one that was being advanced in Scrimetti. Also tend to think that, you know, just, this is not really part of the show's jurisdiction. I tend to think that more politically palatable, right?

I don't think that, you know, California has taken the position that, you know, these kinds of policies exist. are good. We know better than the parents. I don't think that's good politics, at least at the national level.

I don't think that, you know, California has taken the position that, you know, these kinds of policies exist. are good. We know better than the parents. I don't think that's good politics, at least at the national level.

I think saying, we're the government and we know better than you how to raise your children, even if sometimes that's true, but I'm not sure that politically that's a great strategy for the Dems. I don't really know anything about political strategy, but I trust you.

I think saying, we're the government and we know better than you how to raise your children, even if sometimes that's true, but I'm not sure that politically that's a great strategy for the Dems. I don't really know anything about political strategy, but I trust you.

Yeah. And there is a pending due process claim in Scrimeti. It's just not one that was reached below. It's not one that's before the court. I tend to also think that's a heavier lift because the court has said in the past you don't have a substantive due process right to those kind of medical decisions generally.

Yeah. And there is a pending due process claim in Scrimeti. It's just not one that was reached below. It's not one that's before the court. I tend to also think that's a heavier lift because the court has said in the past you don't have a substantive due process right to those kind of medical decisions generally.

Well, the children are not the defendants in this case. Do you understand?

Well, the children are not the defendants in this case. Do you understand?

I mean, I do think that, I don't know. I think there is a substantive due process right to have a school, send your kid to a school in the language of instruction of your choosing. What else have we got in terms of parents' substantive due process rights?

I mean, I do think that, I don't know. I think there is a substantive due process right to have a school, send your kid to a school in the language of instruction of your choosing. What else have we got in terms of parents' substantive due process rights?

Yeah, although there is a subtle difference between the right to have information and the right to not have the government kind of obstruct your access to that information.

Yeah, although there is a subtle difference between the right to have information and the right to not have the government kind of obstruct your access to that information.

No, but it's requiring people, you know, I think these rules, at least the one in California is tries to override the decisions of local school officials. Right. Like you cannot share this information.