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There is no room on the federal bench for a judge who does not treat all people as equal before the law.

Adam Cohen

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It would certainly have been very unusual for the court to rule against the father because the law presumes that a person's parent is their guardian, and doesn't appoint outside guardians in the normal course of events. For the court to appoint a third-party guardian it would usually need an indication that something was badly wrong in the parent-child relationship, such as abuse.
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