I hope this case does go to the top.
Posted earlier today
Missing from Mr. Jacoby’s accounting is that Allen and Patricia Muth abandoned their middle child, who was disabled, at the home of a baby sitter; this is how the couple came to the attention of Wisconsin, which subsequently moved to terminate their parental rights and charge them with incest. Both were convicted of violating Wisconsin Statutes § 944.06. Following the exhaustion of his state court remedies, Allen Muth filed a petition for a writ of habeas corpus in U.S. district court, asserting the unconstitutionality of Wisconsin’s anti-incest statute. The district court denied the petition, and in June the U.S. Court of Appeals for the 7th Circuit affirmed; you can read its opinion here.
Ah our justice system. One word. SUCKS!