Bloomberg Law Landmark 'Shaken Baby Syndrome' Ruling
Nov 20, 2025
In this engaging discussion, Alex Ebert, a senior correspondent at Bloomberg Law, dives into a landmark New Jersey ruling on shaken baby syndrome, critiquing its reliance on medical findings. Jacqueline Thomsen explores the evolving dynamics of the conservative Fifth Circuit, noting how senior judges are influencing decisions toward moderation. Meanwhile, Harold Krent, a constitutional law expert, analyzes the Supreme Court's Jarczyk decision and its implications for agency in-house adjudication, highlighting a growing trend in favor of agencies in legal challenges.
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Six-To-One Opinion Prioritizes Uncertainty
- The ruling was 6-1, with a dissent warning courts shouldn't second-guess medical establishments.
- The majority prioritized scientific uncertainty over deference to medical groups.
Appeal Route Is Limited; Cases Return To Trial Courts
- Direct appeals from a state supreme court would require the U.S. Supreme Court, making further review difficult.
- The decision sends the cases back to trial courts to dismiss charges lacking external evidence.
New Jersey Court Is Skeptical And Influential
- New Jersey's court is known for cutting-edge skepticism toward government evidence and privacy intrusions.
- The ruling may influence other courts but could face political resistance in some jurisdictions.
