This is true even when the decision is about the influence that other relatives, such as grandparents, should have. Nevertheless Troxel should give conservatives pause. Hence the Court found it necessary to appeal to the doctrine of substantive due process, not simply the Due Process Clause, to strike the law down. Therefore the real question about this case concerns the constitutional decisionmaking process for determining the validity of laws rather than the judicial decisionmaking process the Washington law itself establishes. Even if we applaud this particular result, we must question whether this principle is sound.
Democracy also runs less risk of tyranny, because it disperses power.
Rule by judges lacks these advantages. These are important questions to ponder, even as we celebrate the strengthening of families that will be the short-term consequence of this ruling. Send it along. Contact Us .