Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Thursday, March 6, 2014

Updates: Romeike and Pelletier Families

As my avid readers will know, I have been following the legal battles of two families very closely over the past year.  Both families have had an exciting week.

The Romeike Family

The Romeikes are from Germany, they petitioned the United States for asylum so they could have the freedom to homeschool their children.  Homeschooling is illegal in Germany due to a law put in place by Hitler in the 1900s.  For the background on this family please see my article: Why Should We Care About the Romeike Family?

Early this week the Romeikes’ legal petition for asylum received a death blow.  Their petition had been denied by a lower court and they were waiting to hear if the United States Supreme Court would hear the case.  The US Supreme Court denied this request early this week feeling it was not important enough to be heard by them.  The next day, the Department of Homeland Security contacted the legal team for the Romeike family and informed them that they could stay in country indefinitely even though the court had ruled against them.

I am thrilled for this family and so grateful that they can stay in the United States and school their children in accordance with their beliefs.  However, I do not believe we have seen the last of these stories.  There is a reason the government pursued this case to the extreme that it did.  In my opinion, they were looking for a precedent to be set that homeschooling is not a basic human right. 

I am beyond disappointed that the US Supreme Court decided this case was not important enough to review.  I believe passionately that homeschooling is a right and that the Court should have been willing to hear this case and rule that the determination of what is proper education for the children is an undeniable right of their parents.

Interestingly, the US Supreme Court decided this week that it would hear the case of a convicted murderer, who is petitioning the court for the right to keep his beard, which would disobey the rule of the prison.  He states that the prison rule violates his religious freedoms as a Muslim.  I am not trying to say that this case isn’t worthy of the notice of the US Supreme Court, but I don’t understand how Christians petitioning asylum to homeschool their children, stating religious persecution from their home country is somehow less worthy of the Court’s attention.

I fully expect to see more persecution of US homeschooling families in the future; the current administration appears to be hostile to the rights of homeschoolers.  Constant vigilance has been the key to survival for the homeschooling community since I became an active part of it in the 1990s.  I will remain vigilant and I encourage everyone else to do the same.  The evidence is on the side of homeschoolers, who regularly outstrip public school students in education level and (though it is hotly debated) social skills.

The Pelletier Family

The Pelletier family has been fighting for the return of their daughter Justina, who is currently in the custody of the Massachusetts Department of Children and Families.  For back ground info on this case please read: Hospital vs. Parent, The Pelletier Family v. Boston Children’s Hospital, and Pelletier Opinion Pieces: Best and Worst.

After the recent public outcry the judge (same judge as before) has decided to allow Justina to return to her original medical team at Tufts.  Also, the Department of Children and Families has dropped the contempt of court charges on Lou Pelletier for breaking the gag order.  This is a positive step, but this battle will not be over until Justina is returned to the custody of her parents.  Massachusetts Department of Children and Families is also trying to transfer her to the custody of the Connecticut Department of Children and Families, at this point Connecticut is refusing to accept this transfer.  There are also at least a dozen Connecticut legislators that have become involved in this case on the side of the Pelletier family.

The decisions in this case disturb me as well.  Don’t get me wrong, I am thrilled that she is being transferred back to her original doctors at Tufts.  However, If the judge was so convinced that the Pelletiers, as well as the team at Tufts, were abusing this girl, why did his opinion change so quickly once the public became aware and involved in the case? 

He was sure enough to retain state custody of Justina for 13 months and the only recent change has been the public’s involvement and interest in the case.  Call me old fashioned, but I don’t think the 6th amendment involves the judge changing his mind based on public outcry.  If the transfer to Tufts is in the child’s best interest (what the judge is supposed to be deciding) why did it take 13 months and massive public pressure for the decision to be made.


I was glad to hear that some media outlets still plan to follow this story closely and investigate the Massachusetts Department of Children and Families and Boston Children’s Hospital for ulterior motives, and wrong doing in this case.  I will continue to follow this story as well.

Thursday, June 6, 2013

Of DNA and Databases…

You have the right to remain silent, but your DNA can and will be used against you…

On Monday. The United States Supreme Court decided to allow DNA to be taken at the time of arrest from those accused of “serious” crimes.  The DNA sample is taken by a cheek swab and the information is then held in a database.  The sample is run against others in the database, some of which are unknown samples that were collected at crime scenes.  Occasionally, there is a match and the new DNA sample can help the police to solve one of their cold cases.

The case that went to the Supreme Court is that of Alonzo King.  Mr. King was arrested on an assault charge and his DNA swabbed at the time of arrest.  The DNA matched that of an unsolved rape case and King was charged with this rape.  The problem arose when King pled guilty to a lesser crime than the assault. Under current Maryland law, the police would not have been allowed to take his DNA for the crime for which he pled guilty.  King’s attorneys argued that because he was convicted of a lesser crime the DNA evidence should not be permissible in the rape case.

In a 5/4 decision that rocked party lines, King’s rape conviction was upheld.  Kennedy, the notorious swing vote on the court, wrote the majority opinion.  This opinion was that collecting DNA was like fingerprinting upon arrest and not a violation of the person’s rights.  He was joined by Justices: Roberts, Thomas, Alito, and Breyer. 

The dissenting justices were Ginsberg, Kagan, Sotomayor, and Scalia.  Scalia wrote the dissent and argued that the ruling was too vague, the precedent the court was setting was dangerous, and collection of DNA has high potential for future misuse.

I agree with the dissent and believe the court made a mistake with this decision.  It’s not that I would like Mr. King roaming the streets to rape again, but I think some of the justices neglected to look at the bigger picture.  My main issue is with the saving of information, DNA information is not like having your fingerprints on file.  Your DNA is a map of you and we have no idea how this information could be used in the future.   We learn more and more about DNA and genetic makeup every day and the more we learn the more cautious I become about sharing my genetic information.

What about the DNA sample itself?  Is this retained along with the database of information?  It would be one thing to have a database, but another entirely to have the physical sample.  Scientists can do amazing things and all indications point to more incredible discoveries in the world of genetics.   This should give us pause when discussing the creation of a central database for anyone.

A further issue with this ruling is its vagueness.  The court states that DNA gathering is permissible in cases of “serious” crimes.  What does this mean exactly?  What must someone be accused of to lose their right to control the use of their DNA?  Drunk driving, shoplifting, protesting?  Or is it truly for violent criminals?  Murderers, rapists, etc.?  

Taking the sample upon arrest however, flies in the face of our nation’s presumption of innocence.  Keep in mind that not all of those arrested are criminals.  Who knows, perhaps one day you will be in the “wrong place at the wrong time” and your genetic information will be on permanent file without your consent. 

Making decisions based on what we know about DNA today is never a good idea, genetics and manipulation of genes is an ever changing field and we need to be making decisions into the future.  I certainly want to give the police every advantage when catching dangerous criminals, but not at the risk of my or other innocent American’s personal privacy or freedom.