The Mcmath family now has active lawsuits in both state court and in federal court. I have collected most of the court papers here. The main legal arguments in both cases seem to focus on:
- 1st Amendment free exercise
- 4th and 14th Amendment privacy
- Disability discrimination under the ADA
- Disability discrimination under the Rehabilitation Act
In light of settled case law, these are all losing arguments, making the complaint's claims close to frivolous. In contrast, one of the argument to the state appellate court,about not getting a chance to adequately cross-examine the neurologist, seems reasonable.
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