[Congressional Record Volume 151, Number 153 (Thursday, November 17, 2005)]
[Extensions of Remarks]
[Page E2395]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




EXPRESSING SENSE OF HOUSE THAT NINTH CIRCUIT COURT OF APPEALS INFRINGED 
                           ON PARENTAL RIGHTS

                                 ______
                                 

                               speech of

                         HON. JAMES L. OBERSTAR

                              of minnesota

                    in the house of representatives

                      Wednesday, November 16, 2005

  Mr. OBERSTAR. Mr. Speaker, I rise today to express my opposition to 
H. Res. 547, which expresses the sense of the House of Representatives 
``that the United States Court of Appeals for the Ninth Circuit 
deplorably infringed on parental rights in Fields v. Palmdale School 
District.''
  I oppose this resolution, because I believe the legislative branch 
ought not to intercede in the matter at this time. It is premature for 
Congress to take a position on the court's ruling, because the issue 
has not yet been definitively decided by the judicial branch. Fields v. 
Palmdale School District is an ongoing legal matter that is being 
addressed by the judicial branch. The legislative branch's action to 
prejudge the decision infringes on the separation of powers in the 
Constitution and is an unnecessary usurpation of the judicial branch's 
role.
  Should Republican leaders choose to continue bringing to the floor of 
the House of Representatives resolutions that criticize decisions of 
the courts, they should wait until the U.S. Supreme Court has issued a 
final decision.