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M. L. B. v. S. L. J.

No. 95-853.

519 U.S. 102 (1996)

M. L. B. v. S. L. J., individually and as next friend OF THE MINOR CHILDREN, S. L. J. and M. L. J., et ux.

United States Supreme Court.

Decided December 16, 1996.

Attorney(s) appearing for the Case

Robert B. McDuff argued the cause for petitioner. With him on the briefs were Danny Lampley and Steven R. Shapiro.

Rickey T. Moore, Special Assistant Attorney General of Mississippi, argued the cause for respondents. With him on the brief was Mike Moore, Attorney General.*

Ginsburg, J., delivered the opinion of the Court, in which Stevens, O'Connor, Souter, and Breyer, JJ., joined. Kennedy, J., filed an opinion concurring in the judgment, p. 128. Rehnquist, C. J., filed a dissenting opinion, p. 129. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined, and in which Rehnquist, C. J., joined, except as to Part II, p. 129.

Justice Ginsburg, delivered the opinion of the Court.

By order of a Mississippi Chancery Court, petitioner M. L. B.'s parental rights to her two minor children were forever terminated. M. L. B. sought to appeal from the termination decree, but Mississippi required that she pay in advance record preparation fees estimated at $2,352.36. Because M. L. B. lacked funds to pay the fees, her appeal was dismissed.

Urging that the size of her pocketbook should not...

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