Mark G. v. Sabol

While I concur in part with the majority view as to plaintiffs’ claims, there are areas in which I believe the majority view to be in error.

The plaintiffs’ claims pursuant to the Adoption Assistance and Child Welfare Act of 1980 (AACWA; 42 USC §§ 620-628, 670-679a) provisions at 42 USC § 671 (a) (16) and § 675 (1) and (5) (B) are viable, despite the majority’s conclusion to the contrary. The majority relies on Suter v Artist M. (503 US 347) to defeat these claims; however, when Suter is read through the prism of the 1994 amendment of 42 USC § 1320a-2 and Blessing v Freestone (520 US 329, 117…