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DOUGLAS COUNTY v. ANAYA

No. S-03-1446.

694 N.W.2d 601 (2005)

269 Neb. 552

DOUGLAS COUNTY, Nebraska, Appellee, v. Josue ANAYA and Mary Anaya, Husband and Wife, as Parents of Rosa Ariel Anaya, a Minor Child, Appellants.

Supreme Court of Nebraska.

March 25, 2005.

Attorney(s) appearing for the Case

Amy L. Mattern, of Whitner Law Firm, P.C., L.L.O., Omaha, for appellants.

Stuart J. Dornan, Douglas County Attorney, Brent Bloom, and Megan Hottman, Senior Certified Law Student, for appellee.

Amy A. Miller, Lincoln, for amici curiae American Civil Liberties Union Foundation of Nebraska and Louise and Ray Spiering.

Patrick J. Phipps, of Metcalf, Thompson & Phipps, for amici curiae Children's Healthcare Is a Legal Duty et al.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

The Douglas County District Court ordered Josue Anaya and Mary Anaya to submit their daughter to testing for metabolic diseases as required by Neb.Rev.Stat. § 71-519 (Cum.Supp.2002). The Anayas appeal, asserting that § 71-519 violates their rights guaranteed under the 1st and 14th Amendments to the U.S. Constitution and that the issue is moot.

SCOPE OF REVIEW

Whether a statute is constitutional is a question...

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