If you were a SCOTUS justice in 1972... (user search)
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June 10, 2024, 03:24:32 PM
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  If you were a SCOTUS justice in 1972... (search mode)
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Poll
Question: ...how would you rule on the landmark First Amendment case Wisconsin v. Yoder?
#1
Wisconsin
 
#2
Yoder et. al.
 
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Partisan results

Total Voters: 27

Author Topic: If you were a SCOTUS justice in 1972...  (Read 435 times)
SWE
SomebodyWhoExists
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« on: May 08, 2024, 06:04:09 AM »

I would join Stewart's concurrence. I'm partial towards Douglas's perspective in general here, however, as Stewart points out,there was no evidence offered of a tension between the parents rights and children's rights in this particular case, so that question wasn't in front of the Supreme Court. Absent that evidence, this is a fairly straightforward conflict between the state and the parents religious liberty. So I'd side with the Amish, but with the door open for a different outcome if a court was made aware of the children's contrary preferences
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