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To: RonF
What does it being voluntary or not have to do with it?

Everything.

This has also already been covered btw, scroll up.

1,352 posted on 06/27/2002 10:14:48 AM PDT by cascademountaineer
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To: cascademountaineer
"This has also already been covered btw, scroll up."

I have read those posts. I find them non-persuasive. There's nothing in either the complaint, or the opinion, that says that the PoA being voluntary matters.

Think about the Miranda case, where police now have to warn defendants of their rights. People were making completely voluntary statements to the cops, but the Supremes held that just being in custody had the appearance of being coercive, and that a remedy had to be applied to combat that. Now a father says that despite the fact that reciting the PoA in a public school setting is voluntary, the fact that she even had to hear it means that she's being preached to (I obviously paraphrase) by the State. He said that's wrong. The court agreed. It's got nothing to do with what the young girl said or didn't say.

Now, you may think this is wrong, but these are the facts of the case. The Supremes may have another opinion, we'll see. And it WILL end up in front of the Supremes. Illinois has a similar law, and a similar suit was turned down by the 7th Court of Appeals. The Supremes always take a case when two or more CoA's disagree on an issue.
1,358 posted on 06/27/2002 10:36:04 AM PDT by RonF
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