"Judge Orders Couple Not To Have Children"

Term Paper Title	"Judge Orders Couple Not To Have Children"
# of Words	640
# of Pages (250 words per page double spaced)	2.56

"Judge orders couple not to have children"

Judge Marilyn O'Connor declared on March 31 that both parents "should not have yet another child which must be cared for at public expense". Quite a dillemma in the courts this past week since the judge is basically denying the couples constituional rights to bear children. The judge's logic behind the ruling is basically saying that once a couple or family can not care for their children it should be be a burden on the government to care for those children. However, this ruling is quite controversial because there is no precedent of any kind for this type of case, so it is quite possible that it could be taken all the way up to the supreme court. The judge feels that due to the incapability of both parents to properly care for their children they should not have anymore children. If they do conceive another child the couple may choose to be sterilized at no cost to them. The judge is also not forcing the couple to use condoms or any other contraception.

The problem here is simple, it is unconstitutional. "I don't know of any precedent that would permit a judge to do this, and even if there were a precendent, it woudl be blatantly unconstitutional because it violates the United States Constituion and the New York Constitution." said Anna Schissel, staff attorney for the Reproducted Rights Project of the New York Civil Liberties Union. If this ruling is unconstituional it will be overturned, however the dilemma of this case is the moral guardian issues. The parents are obviously unable to care for these children properly and all of the children have been tested positive for cocaine.

Moreover, since this case is quite controversial it is quite likely that it will be appealed to the supreme court. If it does go to the supreme court it will most likely be rule...

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