When should a parent lose custody of a young child for refusing consent for a medical procedure? How likely must the harm to the child be for that to happen, and what if the potential harm is unlikely but dire? And should doctors and police who seize custody and perform the procedure over parents' objections bear any liability? Those questions and more are at the heart of a parents' rights case that brought a three-judge panel of the 9th Circuit U.S. Court of Appeals to Boise on Tuesday for the first time since 2003, to hold a special sitting to hear arguments on an appeal from parents Corissa and Eric Mueller.
“This is a very difficult case,” said Senior Circuit Judge J. Clifford Wallace of San Diego. “We’ve all found it a very difficult case.” You can read my full story here at spokesman.com.
Betsy Z. Russell covers Idaho news from The Spokesman-Review's bureau in Boise.
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