Why Nostr? What is Njump?
2023-04-19 00:27:57
in reply to

🐘🐘 Humpleupagus 🐘🐘 on Nostr: Probably not at this time. Standing would be the issue. You'd need an aggrieved ...

Probably not at this time. Standing would be the issue. You'd need an aggrieved parent at least. Even then, it may be tough. To succeed on a facial challenge to a law, the litigant generally has to show its illegal in every possible case. While that may be possible here, it's always an uphill battle.

You'd also have to show that Colorado itself violated the law. There is a case out of the fifth circuit that found that doctors can be state actors if acting pursuant to a statute granting them certain types of discretionary authority. SCOTUS denied cert on it. So there is some hope there.
Author Public Key
npub1aw2wjq3pw536ql6635aq0a5sqxwlvzeguge6tkhk5mdzq4yez97sdp70dd