Legal Opinion
Opinions of the Justices
Massachusetts Supreme Judicial Court
Decided March 11, 1998PublishedCited by 22 opinions
1Opinion of the Court
*1202The order also indicates that grave doubt exists as to the constitutionality of the bill, if enacted into law, and requests our opinion on this question:
“Does the statutory presumption established by [Senate No. 2021] or the resulting shifting of the burden of proof violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution or Article 10 of the Massachusetts Declaration of Rights by impermissibly shifting to the challenged parent the burden of proof relative to custody of a child?”
Senate No. 2021 would amend G. L. c. 208, 209, 209A, and 209C. The portion of…
2Cases cited24 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Santosky v. KramerSupreme Court of the United States · 1982
- Quilloin v. WalcottSupreme Court of the United States · 1978
- Sable Communications of California, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1989
- Little v. StreaterSupreme Court of the United States · 1981
19 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Walsh v. WalshCourt of Appeals for the First Circuit · 2000
- Blixt v. BlixtMassachusetts Supreme Judicial Court · 2002
- Suboh v. District Attorney's OfficeCourt of Appeals for the First Circuit · 2002
- E.N.O. v. L.M.M.Massachusetts Supreme Judicial Court · 1999
- Adoption of VitoMassachusetts Supreme Judicial Court · 2000
17 more not listed; retrieve them via the Exa API.