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this post was submitted on 27 Jun 2024
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I wouldn't be terribly shocked if a caveat was made for this kind of action. When you consider not just the inaction but them prohibiting parents from intervening you have materially different facts.
I don't see a massive change coming but perhaps a narrowly tailored ruling.
You're 100% right. The supreme Court ruled on the duty to protect and on qualified immunity, the only way the state could get a verdict is if it's very narrowly tailored to either "extremely egregious and inhumane behavior" or for "stopping the parents". There's no other way for a judge to make a guilty verdict and at the same time make it appeal-proof to some degree.
And we just gotta hope and pray this gets through and doesn't get overturned.