Slam the Gavel welcomes back Supreme Court Attorney, T. Matthew Phillips. Attorney Phillips was last on the podcast Season 3, Episodes 137 and 152. We discussed this brilliant, unique and one- of-a-kind CLASS ACTION LAWSUIT that is including ELEVEN families.
The named Defendant is the Judicial Council of California, which is the policy making body that trains judges. The Plaintiffs are arguing that there is no Constitution in the California state court system, particularly in the "Family Court." They don't recognize that the Constitution exists and yet the Constitution is supposed to be the SUPREME LAW OF THE LAND. The judges and the Attorneys are not arguing the Constitution.
Attorney Phillip's Clients are arguing that Parenting is a fundamental right and Constitutional right that is protected under the 14th Amendment. They believe the judges in California NEED TO BE TRAINED in this and need to know and understand that PARENTING is a FUNDAMENTAL RIGHT. They can't take away custody and parenting time unless a parent is actually found UNFIT with ACTUAL EVIDENCE found in a fitness hearing not in a divorce proceeding.
The parents contend that they are having their FIRST and FOURTEENTH AMENDMENTS violated. In the FIRST AMENDMENT, it protects FAMILIAL ASSOCIATION, the right to association and private speech. The FOURTEENTH AMENDMENT, protects the RIGHT TO PARENT. However, parents are being ROBBED of PRIVATE SPEECH with their children, especially in SUPERVISED VISITS. The GOVERNMENT is in control and LISTENING and it's a HUGE VIOLATION of the FIRST AMENDMENT right to familial association.
Parents involved in custodial rights are getting their children taken away based on standards that fall below the minimum Constitutional standard. Once the CONSTITUTIONAL STANDARD drops below the minimum, they believe the federal government should get involved to protect these federally protected civil rights.
This is a different lawsuit as they are not suing judges; they are suing the Judicial Council. The judges are not recognizing the Constitutional Parameter and the judges are just exercising arbitrary discretion.....
To Reach T. Matt Phillips: [email protected]
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