May 23, 2008 12:04PM

Abuse of Discretion in Texas

Yesterday a Texas appeals court finally put a stop to the high-handed seizure of 400+ children in Eldorado.  The Court said there was simply no evidence that the boys or the very young kids--infants and toddlers--were in such immediate danger so as to justify their transfer into foster care pending the outcome of on-going legal proceedings.

Eugene Volokh notes that criminal charges remain a possibility.  Yes, let the investigation continue.  But let's keep the presumption of innocence intact and await some clear evidence.

Related podcast here.  Related article here.