Judicial empathy doesn't mean "I feel really badly for this poor person so the law should be read to mean something different from what it otherwise means," does it? And by the way, I wasn't even fighting for custody; I was just trying to preserve access to my children. Someone (I think Judge Posner, but maybe not) once pointed out that, although Joshua "lost" the case, the state supported him for the rest of his life because he was incapacitated. Some man hidden in nearby bushes jumped out and raped or killed the child (I don't remember exactly). It is not possible to provide these services in more than an adequate manner, at best,, as it is. But they should not have it thrust upon them by this Court's expansion of the Due Process Clause of the Fourteenth Amendment.". The justice system can't protect people effectively and needs to be supplemented with citizen justice. All these years later, the decision continues to immunize government from the kind of accountability that common sense and justice would seem to require. The state does not protect people out of obligation.The state punishes people to maintain a monopoly on force.Long live the state. A just society would have let Joshua's mother or another concerned citizen kill his father. The most that can be said of the state functionaries in this case is that they stood by and did nothing when suspicious circumstances dictated a more active role for them. Chief Justice Rehnquist’s opinion for the 6-3 majority took the narrowest possible view of the facts in holding that the county agency, despite its employees’ absolute knowledge of the threat that Randy DeShaney posed to his son’s welfare, breached no constitutional duty to Joshua. It is almost a ray of hope. Approve a drug that kills people and everyone goes crazy over how the FDA failed. "Works in the Middle East, why not here? Nor are Justice Kennedy's musings on the mysteries of human existence. The field of American civil law went astray many years ago when it determined to liberally hold third parties liable for the criminal acts of others. Second, taking a child from a parent(s) when they should have remained. lgv: "If they court had ruled the state responsible, there would be even more children under control of the state than there is today."Yes. Supreme Court dissent dies Joshua (DeShaney) Braam’s story is preserved in a precedent-setting Supreme Court decision that is cited in legal briefs, analyzed in … The former can result in horrible events that get in the news and leads to lawsuits. He died Monday, November 9, 2015 at the age of 36. Police draw the chalk outlines. But they should not have it thrust upon them by this Court's expansion of the Due Process Clause of the Fourteenth Amendment. And, like Greenhouse, my position is even stronger than it was.Given the fiscal irresponsibility of the government at the local, state, and federal levels, government services will have to be cut over the next generation. The child or her parents sued the school system for wrongful death or negligence, and schools settled the case for a ton of money. “They may create such a system, if they do not have it already, by changing the tort law of the State in accordance with the regular lawmaking process. For several years after the decision, I kept track of each new appeal that invited the justices to change course, but eventually, I abandoned the project. The latter can lead to horrible results that are much more subtle and not newsworthy. The justice system can't protect people effectively and needs to be supplemented with citizen justice. It was Joshua DeShaney whose horrific story came before the Supreme Court this year. If the child was then abused, and the state had evidence that the mother knew it would happen, would they not go after her? The state isn't a person and has no moral sense, so it can't have "moral responsibility" for anything. I don't, any ways. I can’t imagine the Roberts court revisiting the case. They will eventually demand state control of the welfare of children. Or whatever we think is appropriate. Make a 1-time donation or set up a monthly donation of any amount you choose. The father shortly thereafter moved to Neenah, a city located in Winnebago County, Wisconsin, taking the infant Joshua with him. Peak empathy? I note in passing that Sjupreme Court has also ruled that there is no requirement for police to protect any particular individual, a point rarely if ever noted by anti-gun-rights activists. is a famous peak in judicial empathy.This case was my choice in Althouse's "Empathy Exam" question back in 2009.http://althouse.blogspot.com/2009/06/empathy-exam.html?showComment=1244909963458#c7512034430591941546.

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