The Elizabeth Morgan Act was an act of Congress, as a rider, on behalf of Elizabeth Morgan. This was a second act of Congress in which Morgan's case was mentioned during the deliberations. The first had been a modification of local D.C. law. The act allowed Morgan and her daughter, Ellen, to return to the United States without having to share custody of Ellen with the girl's father, Dr. Eric A. Foretich. The act was overturned only after Ellen had reached adulthood.
By 1995, Morgan who had fled to New Zealand with her daughter, Ellen, had developed cancer. Ellen, then 13, indicated to Rep. Thomas M. Davis that she wanted to return to the U.S. In September 1996, Davis sponsored the Elizabeth Morgan Act as a rider on a major transportation bill. While this new legislation was worded to focus on Ellen's needs, it effectively shielded Morgan from all of the judicial custody orders that were still in force, and they returned to the U.S in 1997.
Foretich claimed that the damage to his reputation from the Act reduced his professional practice in the D.C. area and made it difficult for him to find comparable work anywhere else in the nation. He dropped all further attempts to gain visitation and focused on the undoing of the Act. On December 16, 2003 the United States Court of Appeals for the D.C. circuit ruled that the Elizabeth Morgan Act was an unconstitutional, as a rare bill of attainder, but the decision was moot as Ellen was no longer a minor.
Jonathan Turley, a George Washington University law professor who represented the Foretich family, said the government will have to pay for legal fees in the case—about $1 million. He added, "I would hope this would be the final chapter, but such hopes have been dashed many times in the case." He also said in a USA Today editorial in March 2005): "The bill negated 10 years of orders in the husband's favor and effectively labeled him a danger to his daughter."
Comparisons regarding congressional intervention in the judicial system can be drawn between the Elizabeth Morgan Act and the Palm Sunday Compromise of the recent Terri Schiavo conflict.
Congressional Record and Court case
The deliberation of both Acts are listed in detail to demonstrate how prominently Morgan's case was mentioned during the deliberations.
- 101st Congress, H.R. 2136
- Legislation to limit incarceration for Civil Contempt in a Child Custory Case — H.R. 2136 (Extension of Remarks — April 26 1989), Page: E1385
- April 26 Stan Parris (co-sponsored bill.)
- June 14 Bob McEwen (compares Dixon actions against Morgan's brother, Robert to Tiananmen Square. )
- June 27 [(Summary: Wolf and Parris get Act through the Committee)
- June 28 Alfred A. McCandless
- Sept 7 John Glenn
- 104th Congress, H.R. 1855
- Davis introduces Act, June, 1995
- Amending Title XI, D.C. Code, January 1996
- Five-minute argument on House floor, includes "Bring the Morgans Home" January 25 1996 (Davis/Wolf/Michel love fest)
- Opposing the Inclusion of the Act (H.R. 1855) in H.R. 3675 Includes 1996 Legal Times article by J. Groner
- Foretich v. United States 2003 striking down the Elizabeth Morgan Act and Alternate URL 1 and Alternate URL 2
Press coverage
Legal journals
- Prof. Doug Rendleman wrote "Enough is Enough" article
- Prof. Susan Apel (see lengthy "Beyond Contempt" article) Here is an alternate URL for same.
- Prof. Paul Butler wrote "Taking Lessons from Elizabeth Morgan"
- Prof. Christine Alice Corcos (see comment in "Legal Fictions" article)
- After 20 Years, New Twist in Custody Case by J. Groner
- Prof. Lawrence Solum comments via his blog that he initially felt that the logic of the 2003 decision was "weak".
- Barry J. Lipson, Esq. (Federally Speaking, Liberty's Corner)Bill of Attainder: Trial by Legislature
General Press
- Court strikes down law passed for mother who hid daughter CNN/AP 12/16/03
- Appeals Court Rules Against Morgan Law: For Father, Belated Win In Bitter Custody Case Washington Post 12/17/03
- Larry King transcript 07/05/04
References by Men/Women web sites
- Father's Manifesto: Story 15 An example of early use of Internet to unsuccessfully oppose HR 1855
- The Elizabeth Morgan Bill - from April 1995
- Photographs & Other Evidence for Child Abuse
- When Parents Kidnap
- Conservative Blunders