Constitutional Catch-22: The Unvindicated Rights of Foster Children
Abstract
In 2015, a federal court ruled that the Texas foster care system was so unsafe that it violated foster children’s constitutional rights. Yet the Fifth Circuit struck down much of the court’s remedial order on narrow tailoring grounds, and today, the rights of Texas foster children remain far from vindicated. In this Article, I argue that today’s legal landscape places foster children in a catch-22: federal courts must increasingly defer to the political branches, but foster children cannot advocate for themselves in state political processes. This Article advocates for broader remedial power when courts are adjudicating the rights of foster children.