Whether a state violates the constitutional guarantees of the Fourteenth Amendment when it denies protections to children who suffer prenatal injury

QUESTION PRESENTED 1. Whether a state violates the constitutional guarantees of the Fourteenth Amendment of the United States Constitution when it denies the protections afforded under the law to a population of children who suffer bodily injury, based solely on the fact that the injury suffered by the children was inflicted prenatally? 2. Whether the Pennsylvania Supreme Court’s decision interpreting the state’s child protective services law in reliance upon amended 23 Pa.C.S. § 6386, violates the Supremacy Clause of Article 6 of the United States Constitution as said state statute conflicts with 42 U.S.C.A. § 5106a? 1 I. PARTIES The parties before this Court are as follows: 1. Clinton County Children and Youth Social Services Agency, Petitioners, represented by Amanda Beth Esquire 2. A.A.R. (Mother), Respondent, represented by David Samuel Cohen, Esquire; Robert H. Lugg, Esquire; and Carol E. Tracy, Esquire, Women’s Law Project 3. J.W.B. (Father), Respondent, represented by Trisha Hoover Jasper, Esquire 4. Guardian Ad Litem, Charles Rock Rosamilia II, Esquire i Ill.