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Vivek Sankaran
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Oct 6, 2026
Rewind: The Common Ground of Parental Rights, with Vivek Sankaran and Michael Farris
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6:56Michael RameyHOST
What is that framework and, and why do you, why'd you call it that? Why do we call it that?
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7:00Vivek SankaranGUEST
Well, I call it that 'cause it originated in Alabama, uh, appellate courts, and I actually think it's the best framework and the, and, and, uh, uh, the probably only state court system in the country that, that employs it, and it's based on federal constitutional grounds.
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7:15Vivek SankaranGUEST
And so it's something that I believe should be the law of the land everywhere.
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7:19Vivek SankaranGUEST
Um, but the Alabama Framework, uh, and we actually have a law review article coming out on this, um, in the Alabama Law Review, um, hopefully by the end of the year.
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7:27Vivek SankaranGUEST
Um, and the framework really is rooted in this notion that, that Mike just talked about, which is you have a fundamental right and, uh, and strict scrutiny applies when, uh, you strip someone of a fundamental right, especially when you're permanently stripping someone of a fundamental right.
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7:42Vivek SankaranGUEST
And the state then therefore has to show that, uh, the avenue they're using is the least restrictive means, um, to further a compelling interest.
17 MINS LATER