Chief Justice Margaret Marshall

This past Thursday I had the fantastic opportunity to see Chief Justice Margaret Marshall of the Supreme Judicial Court of MA speak about children's issues. Further, I had the rare opportunity to accompany her and Professor Bartholet and Jessica Budnitz with other students to dinner after the presentation.

Justice Marshall had an intersting take on children's issues. She does not have a child advocacy background -- rather, she has an intellectual property background. Many assume, since she is a female justice, that she has a certain knowledge or interest in family and children's issues -- but she reiterated that the knowledge she has attained has been since her appointment to the SJC.

Since joining the SJC Justice Marshall has contributed to opinions that have approved same sex marriage in MA, allowed for same sex couples to jointly adopt children, upheld visitation orders for "de facto" parents and otherwise tried to ensure that the MA state courts pursue the best interest of the child.

In describing the work on behalf of children, Justice Marshall emphasized that the real impact for children cannot be made in the courts, rather, the legislature has the capacity to enact deep change. The courts are limited to the issues that can be brought via litigation, and the court has a limited ability to get and use outside knowledge.

Justice Marshall was an inspiring and impassioned speaker. She is corageous and has a unique view into the treatment of children under the law. It was an honor to meet her, and a pivitol educational experience to speak with her.

While Justice Marshall's job is not specifically to protect children -- she has managed to bring a pragmatism and optimism into the courts to work toward the best interest of all children in MA.