Conservative. Idaho. Software engineer. Historian. Trying to prevent Idiocracy from becoming a documentary.
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"And we know that all things work together for good to them that love God, to them who are the called according to his purpose." -- Rom. 8:28
I was reading the Supreme Court decision Buck v. Bell (1927) and I found the infamous quote from the great progressive, Justice Oliver Wendell Holmes, Jr. It includes this interesting explanation of from where the authority for mandatory sterilization comes;
"The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Jacobson v. Massachusetts, 197 U.S. 11. Three generations of imbeciles are enough."
And THAT part of the decision has never been overturned, has it? When it comes to overturning old cases, the SCOTUS is remarkably narrow in its interpretation and holding.
The Court overturns precedent reluctantly, but it does. Brown v. Board of Education (1954) overturned Plessy v. Ferguson (1896); Lawrence v, Texas (2004) wrongfully overturned Bowers v. ?Hardwick (1986).
And THAT part of the decision has never been overturned, has it?
ReplyDeleteWhen it comes to overturning old cases, the SCOTUS is remarkably narrow in its interpretation and holding.
The Court overturns precedent reluctantly, but it does. Brown v. Board of Education (1954) overturned Plessy v. Ferguson (1896); Lawrence v, Texas (2004) wrongfully overturned Bowers v. ?Hardwick (1986).
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