I agree with Steven Lubet that parents, not state judges, should decide the best interests of their own children, including the visitation rights of grandparents (Commentary, Jan. 13). But if the choice is either tolerating such laws or letting the Supreme Court unilaterally overturn the duly-enacted laws of all 50 states and undermining forever their sovereign authority to make family law, then I would have to side with the former.
The Constitution doesn’t enshrine parents’ rights, nor grandparents’ rights. Such issues are most appropriately decided by the states. We should democratically seek the repeal of bad laws, not run to the federal courts to overturn them. Both democracy and federalism, pillars of American liberty, are diminished whenever we do that.
