In a sentence or two, what legal issue does this footnote pertain to?
The UCCJEA. I'm arguing that the jurisdiction denied by the "non-home" state language, is not subject matter jurisdiction that is prohibited by the "home-state" provisions, but "propriety" jurisdiction. If it were SMJ, then "any" act would be nullity. But some acts by non-home-state courts are permitted, recognizable, and ratifiable. In my analogy "SMJ doesn't blink in and out of existence like Schrodingers' Cat."