Summary

Portrait of Antonin Scalia Antonin Scalia Troxel v. Granville — Dissenting Opinion (2000)

In my view, a right of parents to direct the upbringing of their children is among the "unalienable Rights" with which the Declaration of Independence proclaims "all Men ... are endowed by their Creator." And in my view that right is also among the "othe [r] [rights] retained by the people" which the Ninth Amendment says the Constitution's enumeration of rights "shall not be construed to deny or disparage."
Source: Wikisource

Portrait of Antonin Scalia Antonin Scalia Troxel v. Granville — Dissenting Opinion (2000)

The sheer diversity of today's opinions persuades me that the theory of unenumerated parental rights underlying these three cases has small claim to stare decisis protection. A legal principle that can be thought to produce such diverse outcomes in the relatively simple case before us here is not a legal principle that has induced substantial reliance.
Source: Wikisource

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