“Early Man and the Law”: Alabama ruling upholds parental rights, concurrence invokes Blackstone and the law of nature

Eugene Volokh at The Volokh Conspiracy: In Friday’s Ex Parte E.R.G., the Alabama Supreme Court struck down the Alabama grandparent visitation statute, holding that it violated the rights of parents. The decision was a splintered 4–3-2 decision, which reflects the Supreme Court’s splintered decision in Troxel v. Granville (2000) — which held that some such laws are unconstitutional, but didn’t decide whether all such laws are unconstitutional. And the opinion among state courts is likewise splintered. I hope to have a chance to blog about this in the next few days. But for now, I just wanted to note this passage from Justice Parker’s concurrence (which also contains various assertions about the Christian basis of American law) . . .