What Does Addiction Look Like?

Picture of PillsWhen lawyers think about working with clients who have addictions, we often imagine clients who are young or middle-aged and facing legal consequences such as criminal charges for drug possession or for driving under the influence of alcohol or another drug. But not every person struggling with addictions is young, in trouble with law enforcement, or even using substances in a visible way that signals addiction to family members or professionals.

More than 2.5 million adults over age 55 struggle with addictions every year in the United States.

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Full Faith and Credit for Adoption

On Monday, the United States Supreme Court issued a summary disposition reversing the judgment of the Alabama Supreme Court in V.L. v. E.L. (577 U.S. ___ (2016)) In that case, two women had been in a committed relationship with each other for over 15 years. While they were together, E.L. gave birth to three children through assisted reproductive technology, and she and V.L. raised the children together. At some point thereafter, V.L. formally adopted the children in Georgia, with the express consent of E.L. who retained her own parental rights. The Georgia court entered a final decree of adoption recognizing both women as parents to the children.

In 2011, V.L. and E.L. split up while living in Alabama, and shortly thereafter V.L filed a petition in circuit court alleging that her former partner was denying her access to the children. She asked the Alabama court to register the Georgia adoption, and to grant her some custody or visitation rights. The circuit court granted visitation, and E.L. appealed, claiming that Georgia lacked subject-matter jurisdiction to enter the decree of adoption. The Court of Civil Appeals rejected the jurisdictional argument, but did remand the case with directions to the family court to hold an evidentiary hearing before awarding visitation rights to V.L. The Alabama Supreme Court reversed, holding that Alabama was not required to accord full faith and credit to the Georgia judgment because Georgia did not have subject-matter jurisdiction to allow V.L. to adopt the children while E.L retained her parental rights.

In its per curiam opinion reversing the Alabama Supreme Court decision, SCOTUS emphasized that states are required to afford full faith and credit to a judgment unless that judgment was rendered by a court that “did not have jurisdiction over the subject matter or the relevant parties.” Although a court can look into whether a foreign court had jurisdiction, jurisdiction is presumed if the judgment is one of a court of general jurisdiction, and the presumption cannot be rebutted simply because a foreign court disagrees with the outcome of a case.

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Vaccination Uproar

MeaslesDuring the past month, the American public has been bombarded with news reports about a continuing measles epidemic, as well as an extensive debate about whether measles vaccinations should be required to stop this epidemic and prevent future ones from developing.

In fact, all states require vaccinations against many contagious diseases, including measles. But there are exceptions, and the exceptions are broader in some states than others. Only a handful of states limit exceptions to medical necessity – for example, a child whose immune system is compromised by chemotherapy should not receive immunizations. Most states allow religious exemptions, so parents who are, for example, Christian Scientists need not vaccinate their children in contravention of their religious beliefs. However, about a third of the states, including Wisconsin, also allow much broader exemptions based on “conscience” or “philosophical reasons.” These broader exemption categories often can be invoked with little or no effort on a parent’s part, such as by checking a box on a form and signing it, and thus have the potential to erode the requirement if enough people choose not to vaccinate.

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