Legal Opinion
PJ Ex Rel. Jensen v. Wagner
Court of Appeals for the Tenth Circuit
Decided May 5, 2010No. 08-4197, 08-4206PublishedCited by 109 opinions
1Opinion of the Court
TACHA, Circuit Judge.
There is perhaps no more delicate constitutional barrier protecting individual freedom from governmental interference than that which protects against state interference with parental autonomy. The Supreme Court has long recognized that “[t]he child is not the mere creature of the state,” Pierce v. Society of Sisters, 268 U.S. 510, 535, 45 S.Ct. 571, 69 L.Ed. 1070 (1925), and that “the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.” Prince…
2Cases cited38 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Pearson v. CallahanSupreme Court of the United States · 2009
- Anderson v. CreightonSupreme Court of the United States · 1987
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Malley v. BriggsSupreme Court of the United States · 1986
33 more not listed; retrieve them via the Exa API.
3Cited by109 opinions
- Thomas v. KavenCourt of Appeals for the Tenth Circuit · 2014
- Adam Kanuszewski v. Mich. Dep't of Health & Human Servs.Court of Appeals for the Sixth Circuit · 2019
- Doe v. WoodardCourt of Appeals for the Tenth Circuit · 2019
- Redmond v. CrowtherCourt of Appeals for the Tenth Circuit · 2018
- Jensen Ex Rel. Jensen v. CunninghamUtah Supreme Court · 2011
104 more not listed; retrieve them via the Exa API.