griefer makes a big thing out of the three-judge dissent on the Texas Supreme Court, claiming that this minority dissent makes the decision ambiguous. However, the decisions by both the Texas court of appeals and the Supreme Court were not divided but unanimous in quashing the demand by the department that it be allowed to retain custody of all the hundreds of seized children, regardless of sex and proximity to puberty.
What dissent there was (3 out of 9 justices of the Supreme Court) was explicitly taken only concerning the minority of pubescent females who were regarded as being at some immediate risk. As the dissent reads:
‘I agree that there
was no evidence of imminent “danger to the physical health or safety” of boys and pre-pubescent
girls to justify their removal from the YFZ Ranch, and to this extent I join the Court’s opinion.’
Thus two separate Texas high court decisions both unanimously slapped down the Texas DFPS on its more extravagant claim that Texas law allowed the department to basically automatically remove all the children and keep them separated from their parents in state custody indefinitely.
