Legal Opinion · Dissent

Petition of Kirchner

Illinois Supreme Court

Decided February 28, 1995No. 78101Published

1DissentJustice McMORROW

"THE GOOD OF THE PEOPLE SHALL BE THE HIGHEST LAW.” Cicero 106-43 B.C.

Today, by its total failure to recognize the rights of the child who has come to be known as "Baby Richard” and the rights of adoptive parents in the circumstances of this case, the majority grants Otakar Kirchner the unfettered right to remove Richard, almost four years old, from the only home and parents he has known. This ruling is extraordinary and in contravention of Illinois law and constitutional protections: the majority permits Richard to be taken by Kirchner from his home of the past four years, and be placed in…

2Cases cited51 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Wolff v. McDonnellSupreme Court of the United States · 1974
  3. Santosky v. KramerSupreme Court of the United States · 1982
  4. Griswold v. ConnecticutSupreme Court of the United States · 1965
  5. Stanley v. IllinoisSupreme Court of the United States · 1972

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