Friday, May 23, 2008

CPS Gameplan VS the FLDS

The appeal goes to the Texas Supreme Court. If the Texas Supreme Court agrees to hear the case, it may very well be months before the case comes before them. If so, CPS gets another lease on life for it's proceedings. They can continue to dig until they (hope) they find something. Here is the forecast from "the Supreme Court of Texas blog." I'm going to guess that it is the most likely scenario. Let's listen to Don Cruse.

"On reading through the State’s papers, I was struck that they are sticking to their argument that — for most of these children — the FLDS belief system is sufficient evidence for the State to take custody. That seems like a dangerously thin argument, especially given the constitutional problem with relying on religious beliefs as the motivating basis for a government decision."

"If you piece together the State’s argument, it is: 'Any reasonable person would be appalled at these beliefs and find them dangerous. The appellate court can’t second-guess that.'

I wouldn’t be terribly surprised if the Court granted emergency relief just to have a few days to process this request but then rather quickly denied review. The dilemma would be how long would be fair to consider the merits — the harm, after all, is the separation."

That is the most likely outcome, I agree. There are three outcomes we can expect that have an immediate effect on the FLDS case. The Texas Supreme Court refuses to hear the CPS appeal. Game over for CPS in terms of keeping the kids. Texas does as Don proposes, possibly stretching the time out to get to early June. MAYBE by that time CPS in a desperate scramble can get something cooked up to sustain their case. Proof of an underage mother with an older father by DNA, something like that.

The last scenario is the one that worries me. CPS is looking towards a Texas Government institution with pleading eyes and essentially saying "Don't Kill Us." The Texas Supreme Court countenances the CPS argument and it will be months. CPS keeps the kids, gets to comb in leisurely fashion through the DNA and continues to keep back channel investigation going on to find a crime. My wife checked a poll today based on the court order and still, 57% of people believe that CPS should keep the kids. Something like 13% said they "Did not know." CPS has thrown itself I think, on the Mercy of the Court and are probably pleading like mad through unofficial channels to keep their case alive. This appeal is flat out evidence of raw fear and desperation. They are trying to politicize the court.

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Gerl said...

Investigating the TX Supreme Court, I find this on the side bar.

It is a "Commission"--guess what for:

'Permanent Judicial Commission For Children, Youth & Families'

These folks are not the 9 justices---rather, read their connections--CPS, Commissioners, DHHS, Rick Perry's cronies.

Go read its mission--then see the connections on the "commission."

The Supreme Court deck is already stacked against the FLDS.

karateka said...

Love your analysis, Modern Pharisee.

I think the Writ of Mandamus took CPS totally by surprise. I think they were surprised both that it was filed and that the appeals court agreed.

It will be much harder for the Texas Supreme Court to agree with the claims of CPS that there is a pattern of abuse. They have themselves testified that no abuse is occurring in many of these cases, and that "disputed minors" are in fact either adults, or not pregnant.

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