Posted on december 12, 2012 constitutional law tags. So whatever else we might do with this case, summary reversal would not exactly seem the obvious. In september 1980, she conceived a child, victoria d. United states court of appeals for the district of columbia circuit argued february 28 and 29, 2012 decided june 26, 2012. Alan kramer mary ellen krober howard levinson sally a.
Despite the availability of blood tests that can establish biological paternity with a high degree of certitude, many states. Carole left gerald for michael, but then left michael for scott. A blood test established that michael was most likely the father. The author attempts to apply semiotic analysis to a question of family law. Ayers was on the brief of amicus curiae calpine corporation in support of petitioners. To the contrary, to the extent they speak to the question at all, this courts precedents suggest just the opposite conclusion. Court of appeal of california, second district, division three. Justice scalia announced the judgment of the court and delivered an opinion, in which the chief justice joins, and in all but footnote 6 of which justice oconnor and justice kennedy join. In 1978, carole started to have an affair with michael h. In the summer of 1978, carole became involved in an adulterous affair with a neighbor, michael h. Readers are requested to notify the reporter, supreme court of new hampshire, one charles doe drive, concord, new hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Carole then conceived a child, victoria, in 1980, with gerald, which was.
As i read that opinion, it does not support the view that a natural father cannot be an other person within the meaning of 4601. Because the question is not properly before the court, it expresses no opinion as to whether the states law violates substantive due process principles. Dec 22, 2017 in the summer of 1978, carole became involved in an adulterous affair with a neighbor, michael h. Female gave birth to a child, which was later shown to be the biological son of male ii. Reevaluating the role of legal presumptions of paternity digital. The case also provides an interesting debate among justices on the question of how fundamental rights protected by the due process clause. An adulterous, natural father does not have a constitutional right to paternity over the marital father. Brian bix scalia and family law mcgeorge school of law. The district of delaware offers a database of opinions, listed by year, month, and judge. The trial court appointed a guardian ad litemattorney to represent victoria d. Robin westt what is the meaning and content of the liberty protected by the due process clause of the fourteenth amendment. Like justices brennan, marshall, blackmun, and stevens, i do not agree with the plurality opinions conclusion that a natural father. In a case that has yielded so many opinions as has this one, it is fruitful to begin by emphasizing the common ground shared by a majority of this court. Cohn executive deputy for administration gerald gornish deputy attorney general office of civil law j.
Myers argued the causes for state and environmental intervenors in support of. Scandalously, it turned out that carole had been having an affair with michael. Click the case number to open the opinion in the state of oregon law library digital collection. Lexis 2977 brought to you by free law project, a nonprofit dedicated to creating high quality open legal information.
Gerald d 1989, what methodology does justice scalia follow with reference to fundamental rights under the due process clause. Gerald hause, as administrator of the estate of jon. The presumption of legitimacy may be rebutted only by the husband or wife, and then only in limited circumstances. Johnsonseeks to appeal the district courts order dismissing without prejudice johnsons 42 u. The state has a legitimate interest in protecting the parental rights of a married couple having a child to the exclusion of the parental rights of a biological father. Justices brennan and scalia spelled out what at first blush appear to be sharply contrasting understandings of the. Rogers, georgia nicole yorksmith and pamela yorksmith, kelly noe and kelly mccracken, and. I n t h e court of appeals of indiana gerald hause, as administrator of the estate of jon michael hause, deceased, appellantplaintiff, v. Gerald was listed as father on the birth certificate and has always held victoria out to the world as his daughter. Semiotic analyses are applied to a question of family law. Jan 21, 2009 the author attempts to apply semiotic analysis to a question of family law. Babcock was on the brief of amici curiae american thoracic society, et al. Justice oconnor, joined by justice kennedy, filed an opinion concurring. Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate.
Neither does anything in todays opinion purport to identify any constitutional problem with a biology based birth registration regime. Justices brennan and scalia spelled out what at first blush appear to be sharply contrasting understandings of the meaning of liberty and of the substantive limits. Female was married to male i but had an affair with male ii. Further, as we discuss under parts iv, v, and vi of this opinion, infra, there were no. The sheer diversity of todays opinions persuades me that the theory of unenumerated parental rights underlying these. Total downloads of all papers by albertina antognini. Contributor names scalia, antonin judge supreme court of the united states author. Receive free daily summaries of new opinions from the supreme court of appeals of west virginia. Opinions of the attorney general of pennsylvania 1978 attorneys general. Under ca law, a child born to a married woman living with her husband is presumed to be a child of a marriage.
Where it is feasible, a syllabus headnote will be released, as is being done in connection with this case, at the time the opinion. What does he find to be the source of fundamental rights that are less explicit in the text. Opinions district of delaware united states district court. From arguments to supreme court opinions in planned. Hodges were james obergefell, david brian michener, and robert grunn.
The family and the constitution university of missouri. January 1978 to june 1978 gerald gornish, attorney general june 1978 to december 1978 vincent x. By examining the language used by the supreme court in the title case, michael h. Such claims must ultimately be analyzed in terms of substantive due process. Lexis 2977 brought to you by free law project, a nonprofit dedicated.
From arguments to supreme court opinions in planned parenthood v. Carole then conceived a child, victoria, in 1980, with gerald, which was listed as father on the birth certificate. Justice scalia delivered the opinion of the court in which chief justice rehnquist joined. Director, missouri department of health, 881503, 497 u. Click the page icon to open the opinion immediately in a pdf viewer. Opinions of the attorney general of pennsylvania 1977 robert p. Although gerald was listed as father on the birth certificate and has always claimed victoria as his daughter, blood tests showed a 98. For a more detailed search, enter the keyword or case number in the search box above. View additional court of appeals opinions in the opinions digital collection. Michael martin, acting warden memorandum decision annotate this case.
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