grandparents and vawa (grandparents only)

[Leslie F Goldstein]

this seems a hard case.  Parents clearly , by precedents. have a
fundamental right to control the upbringing of their children.  But
children would seem to have a fundamental interest in having a
relationship with any living grandparents, and it is an interest that
certainly has been traditionally honored in our society.  So we seem to
face conflicting fundamental rights in a situation where only one can
prevail--a la the Court's dilemma in "Planned Parenthood  v. Danforth"
(1976) or at lest Justice Stewart's dilemma, for he was the one who took
most seriously the father's fundamental right to the care and
companionship of his child, which conflicted in that case with the
mother's right to choose abortion.  As we all know the mother one.  But
really two very basic rights did compete.  And the Court chose its
favorite (as it lets itself do in all these cases.)
Would there be somethign wrong with the Court's saying soomething like the
following?   "Here the two
fundamental rights are so closely balanced , we rule that it is up to each
state's legislature to make the choice."--i.e. the laws stand, but states
are free (as now) not to adopt them.