Response or Comment
Boston University School of Law
From time to time, the Supreme Court chooses to hear a case addressing a family law issue. The family law cases accepted by the Supreme Court almost always present a constitutional challenge because absent a constitutional question, state law governs family law. Because the Supreme Court controls its docket, it is free to select only those cases that, in the view of the Court, pose particularly challenging issues. On most occasions, the Court chooses only those family law cases that present other, unrelated issues of interest to the Court.
Katharine B. Silbaugh,
Miller v. Albright: Problems of Constitutionalization in Family Law
Boston University Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/1673