J.B. Ex Rel. Hart v. Valdez

I concur in part and dissent in part. I agree with the majority that plaintiffs’ suit is not barred by the Eleventh Amendment. I disagree, however, with the majority’s conclusions regarding Younger abstention and class certification. I would conclude that Younger abstention is not warranted because plaintiffs do not ask the federal courts to interfere in the periodic reviews in New Mexico Children’s Court, because the periodic reviews do not constitute “ongoing proceedings” sufficient to require abstention, and because the periodic reviews in any event do not afford plaintiffs an adequate .…