Latest Case: In re H.L. (Family Law)

“Standing” In Unfamiliar Territory: Part Two in a Series on the California v. Texas Affordable Care Act Case

VIKRAM DAVID AMAR, EVAN CAMINKER, JASON MAZZONE

In this second of a series of columns on the latest prominent challenge to the Affordable Care Act (ACA), Illinois law dean Vikram David Amar, Michigan Law dean emeritus Evan Caminker, and Illinois law professor Jason Mazzone comment on the standing issue presented in California v. Texas. The authors explore the Solicitor General’s creative argument and argue that the argument leaves several hurdles unaddressed. The authors point out that even if the plaintiffs in these cases can overcome the hurdles, the Court should consider that embracing the Solicitor General’s broad new theory would open the door to other, even more aggressive, applications.

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In re H.L.

Docket: 20-0052

Opinion Date: October 9, 2020

Judge: Hutchison

Areas of Law: Family Law

The Supreme Court vacated the disposition order of the circuit court that terminated Mother's parental rights to her two children, holding that the circuit court erred by failing to address Mother's alleged status as a "battered parent." The circuit court adjudicated Mother as an abusive and neglectful parent and terminated Mother's parental rights, finding no reasonable likelihood that the conditions of neglect and abuse could be substantially corrected in the near future. On appeal, Mother argued that the circuit court erred by finding that she was abusive and neglectful based upon Father's domestic violence. The Supreme Court vacated the disposition order, holding that, given the circuit court's failure to make findings of fact and conclusions of law regarding Mother's alleged status as a "battered parent," the case must be remanded for a new adjudicatory hearing.