A recurring theme on this blog is whether the enemy of the family court justice we seek is incompetence, greed, or ideology. It is all three. The question is what to emphasize. My opinion on this has shifted in the past few months.
One argument says that if judges, shrinks, and social workers were competent, and had wisdom about the BIOTCh (Best Interest Of The Child), then they would make reasonable decisions that we would all accept and appreciate. If so, then we should advocate better training for the govt officials.
Another argument is that the love of money is root of all evil. The corruption and bad decisions are fueled by financial biases. If so, we should work to cut off the money.
The third argument is that official are driven by faulty ideologies, and they will continue to do evil no matter how much training they get, and no matter how much their financial conflicts of interest are removed.
I have recently posted some of my beliefs, such as rule of law, confronting witnesses, not using psychotropic drugs for misbehaving kids, restricting experts to their expertise, and avoiding therapists. And most of all, I frequently argue that family autonomy should not be subject to some govt official's opinion of the BIOTCh.
Unfortunately, not everyone agrees with me. Maybe even most people, I don't know. And they disagree for ideological reasons. I thought that everyone agreed that our Bill of Rights guaranteed us the right to confront witnesses against us, but this right is hanging on by a thread in the US Supreme Court.
The arguments before the supreme court this week cannot be explained by incompetence or greed. Both sides were articulate and well-reasoned. The justices are split 5-4 on the issue. It is an ideological dispute that goes to the core of what fairness and justice mean. It is not exactly a Right-Left dispute, as conservative ex-prosecutors and statist liberals have lined up in favor of rules that fail to hold govt experts fully accountable in court for their work.
I can attack incompetence and greed on this blog, and everyone agrees with me. But when I attack the ideologies that seek to destroy family relationships, then I offend some people. I have become convinced that it is necessary to attack ideology to get at the root of the problem. Because if Judge Morse were more competent, she would do more damage.