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Neutral Audio Mar 31, 2026

Republican Judge Roger Benitez Strikes Down Democrat Mandated Lying And Tax-Fund [31:55-36:56]

The laws concept of the family rests on a presumption that parents parents possess what a child lacks in maturity experience and capacity for judgment required for making life's difficult decisions more important historically it is recognized that natural bonds of affection lead parents to act in the best interests of their children. We've got some citations from Pierce versus Society of Sisters 1925 Wisconsin versus Yoda 1972 Prince versus Massachusetts 1944 Meyer versus Nebraska 1923. And simply because the decision of a parent is not agreeable to a child. Well, look at how basic this is guys guys Republican versus Democrat look how basic this is just in terms of maturity like a mature adult. Okay, listen to him and simply because the decision of a parent is not agreeable to a child or because it involves risks does not automatically transfer the power to make that decision from the parents to some agency or officer of the state. Page 14 at the top. Most children even in adolescence simply are not able to make sound judgments concerning many decisions including their need for medical care or treatment parents can and must make those judgments. So strong is the parental right to make health care decisions for a child that even the dissenting justices in parham took time to describe the necessity of a shield from state interference or the parent child relationship. Here's another block quote guys the rule in favor of deference to parental authority is designed to shield parental control of child rearing from state interference. This is the dissent in that case arm case the rule cannot be invoked continuing the block quote the rule cannot be invoked in defense of unfettered state control of child rearing or to immunize. From review the decisions of state social workers the social worker child relationship is not deserving of the special protection and deference according accorded to the parent child relationship and state officials acting in local parent and not be equated with parents look how basic this is. It's like you don't even have to know Latin to know what he's saying makes perfect sense on a common sense level. The state officials acting in local parent can not be equated with parents yeah so basic holy crap it's it's sick that he has to say this it's sick but I mean on the second amendment you guys in the second amendment context he has to do the same thing he has to point out like really basic stuff. Like you shouldn't criminalize innocent conduct below hello innocent not criminal don't make it criminal by fiat in the positive law that's wrong that'll always be wrong. Hello. At the same time that is the end of the quote here's a bonitas again at the same time the constitutional rights of parents are not unlimited or unbounded the supreme court is upheld a state prohibition on child on children selling a Jehovah's Witnesses watch tower magazine. The state sorry the supreme court has upheld a state prohibition on children selling a Jehovah's Witness watch tower magazine on public sidewalks over a parents first and 14th amendment rights noting neither rights of religion nor rights of parenthood are beyond limitation. I was 1944.
The Republican Professor · Jan 29, 2026
https://podcasts.apple.com/us/podcast/republican-judge-roger-benitez-strikes-do…
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{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works the way quoting a news article works. Select a passage above and the same panel opens: the passage goes to the official you choose, with this document's own address as its source and its own type. #}