No Hitler, Nazi, Gestapo etc. references.
And the Constitution was never in jeopardy. Why just a few days ago we had a post which declared that the Texas SC saved the Constitution.
I believe the judge made the right decision. Those kids would have disappeared if they had not been taken at that time. Now they are not allowed to leave the State for some time. At least my side has some common sense. I have no illusion that everything CPS does is the right thing. But I am not ignorant to think they went in there and just willy-nilly started rounding up kids and putting them on buses, just like Hitler rounding up the Jews.
Some here at FR have thought that.
>> A view I can respect. No Hitler, Nazi, Gestapo etc. references.
Well, if you really respect “San Jacinto”’s view — I happen to agree with it as well — then “child molester defender” and such are also out of bounds. Yes?
Bluster has not been lacking on either side. Even the most vociferous critic of the state’s action should not be labeled as a “defender of child molesters”. I know there have been lots of defenders of the “rights” of the flds members, but I don’t recall seeing defense of their practices per se.
On the other hand, there are many who go too far, IMO, in attacking the trial judge and the “system”. Reasonable people should have concern over the welfare of children in the care of flds because those people are whacky — pure and simple. In fairness to the trial judge, the SC was not unanimous in overruling her. Justice Meyers would have upheld the order as it related to pubescent females— mainly due to members allegedly stating they supported the child bride beliefs of the sect, along with the alleged failure of the flds to give correct names and birth history and the like.
My issue with the trial judge was my belief that the evidence burden for these ‘emergency removals’ is very high and requires specific evidence of present danger and not generalities. I did not think it was there.(My wife disagrees, btw. The fact that the women are zombies is enough for her. They are obviously under the influence of the evil men-folk, according to her.)
We will see how the case proceeds now that it is beyond the temporary or ‘emergency’ stage. The CPS is over budget and is going to have a helluva hard time getting evidence.Their case may never come together. However, if proof of sex abuse or proof that kids can be ‘reassigned’ to a new family at the whim of some leader, then the CPS should not be counted out. At the very least the flds is going to have to disvow these most controversial practices, hopefully for real and not just on paper.
As both higher courts pointed out, restricting the movement of the children, and of the parents, was something that CPS and the district Court could have done from day one, without seizing the kids. The law even allows that absent imminent harm. If they had, we'd be where we now are, without all the hysterics and gnashing of teeth. There'd be time for the individual hearings the law requires. There'd be time for further criminal investigations to, producing indictments that would not be endangered by "fruit of the poisoned vine".