FAZER LOGINJune arrived and on a Tuesday morning at ten-fourteen the decision came.Seven to two.The majority held that adults who had been in family court proceedings as children without independent constitutional representation had standing to seek redress for the ongoing harm that was the direct and documentable consequence of the constitutionally defective proceeding.Seven to two.One more vote than the Fifth Circuit's two to one.Two more votes than the original access case twenty years before.The opinion was Rafael's.Forty-nine pages.The two sentences were in the majority opinion.Not in a footnote. In the foundational section. Paragraph three. Cited as the clearest statement of the constitutional principle.A constitutional violation that is still producing harm has not ended. The obligation to address it has not expired.Rosa's two sentences.From the moot court sessions at the brownstone kitchen table on Saturday mornings.Found by Kade.Said by Rosa.In the Supreme Court majority
April arrived and three things happened in the same week.Kade started the second book.Ji-Young Park submitted the tenth paper for publication.And Constance Bright's situation in Georgia produced something unexpected.Marcus called Rosa on a Wednesday morning.Rosa called me that afternoon.She said: Marcus found something in Constance's medical record that changes the case.I said: Tell me.She said: Constance has a documented psychological condition. Diagnosed at twenty-two. The psychiatrist's notes from the initial consultation specifically reference her family court experience at thirteen as the precipitating event.I said: The psychiatrist connected the condition to the family court proceeding.She said: In writing. In 1987.I said: Thirty-seven years ago.She said: Before the access framework existed. Before anyone was arguing about family court representation. Before any of this.I said: A contemporary record.She said: Yes. Not retrospective. Contemporary. Written at the tim
The waiting after the oral argument was the longest kind.Not because the case was larger than the previous ones. It was not. Each case had felt largest in its own moment.But this one had Rosa at its center.Not me. Not Margaret. Not Patricia Holt who had argued the access and adequacy cases with the composure of someone who had been in that room fourteen times. Rosa. Twenty-one years old. Standing at the lectern in the chamber where the most consequential legal arguments in the country were made, and making one that she had been building since she was thirteen.I did not say any of this to her.She did not need it said.She needed what she always needed. The work continuing while the waiting happened.So I gave her the work.She was in her third year at Columbia. The spring semester had opened the week after the argument. She was in class and in the clinic and in the research office on the fourth floor three days a week.I was two floors up.We had lunch on Thursdays.The first Thu
November and the Supreme Court granted certiorari in the Simms case.Six to three.The same six.Rosa called me from Columbia.She said, "They took it."I said, "Yes."She said, "The argument date."I said, "February."She said, "February."I said, "Yes."She said, "I am twenty-one years old."I said, "Yes."She said, "I am going to argue a Supreme Court retroactivity case at twenty-one."I said, "Yes."She was quiet.I let her have the quiet.Then she said, "The dissent.""Yes," I said."I answered every page of it," she said."I know," I said."The brief addresses the causation chain argument directly," she said."Yes," I said."With Bernard Okafor," she said."Yes," I said."The medical causal chain is the cleanest answer to the causation criticism," she said."Yes," I said."Rafael will ask about Bernard," she said."Yes," I said."And about Dorothea," she said."Yes," I said."And Lydia," she said."Yes," I said."Three chains. Three harm types. Three people," she said."Yes," I
July and the Fifth Circuit ruled.Two to one.In favor of Dorothea Simms.The majority held that adults who had been in family court proceedings as children without independent constitutional representation had standing to seek redress for ongoing harm that was the direct and documentable consequence of the inadequate proceeding.Two to one.Narrower than the Eleventh Circuit family court decision. The dissent was the most significant dissent in the access framework's circuit history. Forty-two pages. The dissenting judge argued the majority was extending the retroactivity doctrine beyond any previous court's interpretation and that the ongoing harm theory was too attenuated to support the constitutional standing required.Rosa called me the morning the ruling came.She said, "Two to one."I said, "Tell me about the dissent.""It is forty-two pages," she said."Yes," I said."The judge is not wrong about the doctrine extension," she said."No," I said."He is right that we went furthe
May and Eloise turned eighty-two.The birthday was at the brownstone. The family. The kitchen. The table.She arrived at six in the evening with Catherine, who had come from Paris the week before and who was staying in the guest room and who had been in the kitchen that morning teaching Oliver something about a French dish that he had then spent four hours perfecting.The dinner was the best dinner the brownstone kitchen had produced in years.After the meal, when the table was cleared and the family was in its various configurations around the house, I found Eloise in the sitting room.She was looking at the boards.All three of them.I came to stand beside her.She said, "The third board.""Yes," I said."It is growing," she said."Yes," I said."What is the most recent thing on it?" she said.I looked."The scheduling notice from the Fifth Circuit," I said. "Simms v Mississippi Department of Family Services. March seventh.""Rosa's case," she said."Yes," I said."What comes next
It took an entire bottle of bourbon to make me forget what I had done days ago and an entire barrage of messages from Killian to bring me back to reality. I grimaced at my phone screen when another text from him popped up. This was his fifteenth one in three days and even after I blocked him, Killi
The room was quiet except for the sound of our uneven breathing. My mind and body drained from the wave of pleasure and ecstasy I had just come down from. I knew that Kade Carter was an amazing man but I had no idea that he was an amazing lover as well."God, you're amazing." The man of my dreams m
It was Kade's mother who figured it out first. We were having lunch at the townhouse, just Eloise and me, a habit that had developed quietly over the past weeks. She fed me and I told her things I didn't tell the twins, not always about them, sometimes just about work or the city or things I wa
By the following Tuesday, the entire office knew. I wasn't sure how it started. Maybe it was the way Killian had greeted me in the hallway that morning, loud and warm in front of everyone, like we were old friends. Maybe it was the way Kade had held the elevator door open for me with a look that







