I. Parental Rights and the Fourteenth Amendment.
I don’t yet know for certain what issues will be raised in the suit. But I hope the Meitivs will make the case that the state has violated parental rights protected by the Fourteenth Amendment. Longstanding Supreme Court precedent strongly suggests that “free range” parents are entitled to protection against the kind of state interference with their child-raising decisions that happened here.
In two landmark cases in the 1920s, Meyer v. Nebraska and Pierce v. Society of Sisters, the Supreme Court ruled that the Due Process Clause of the Fourteenth Amendment protects parents’ and guardians “to direct the upbringing and education of children under their control.” In Pierce, the Court applied that right to strike down an Oregon law requiring all children aged 8 to 16 to attend public schools rather than private ones, despite the state’s argument that standardized public schooling would ensure that all children get a good education.