‘Best Interest’ Standard Unconstitutional?

‘Best Interest’ Standard Unconstitutional?

April 20, 2018 The following post was contributed by a friend of NPO.

The US Supreme Court recently decided an immigration case titled Sessions v. Dimaya that has received extensive press attention because Justice Gorsuch cast the deciding vote against the Trump administration. The opinion is available here: https://www.supremecourt.gov/opinions/17pdf/15-1498_1b8e.pdf.

Justice Gorsuch’s concurring opinion is also noteworthy because it has significant implications for family law. Justice Gorsuch held the statute in question violated the Due Process Clause of the US Constitution because it did not give parties fair notice of what the law required and was, therefore, void for vagueness. As Justice Gorsuch said:

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