Legal Mindset
News • Politics • Culture
A home for those who want to be their own judge of law, news and culture. We take complex concepts and explain them simply.
Interested? Want to learn more about the community?
Buck v. Bell (Pandemic / Due Process Case Law Review)

"We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices...to prevent our being swamped with incompetence. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes"

Key Ruling: The State can use compulsory sterilization of the unfit "for the protection and health of the state"

Buck v. Bell is not only regarded as one of the WORST cases in American legal history, but it is still one of the most DANGEROUS cases as it is technically still legal precedent. It has not been wholly overturned to date in 2021 and, in fact, has even been cited in more recent federal court decisions, including Roe v. Wade and a 2001 sterilization case. It's therefore important that we all understand this dangerous precedent and how this may be used against us in the pandemic world, just as its near cousin Jacobson v. Masschutsetts (reviewed earlier) has been used to justify all sorts of pandemic measures.

This case occured in the 1920s, a time during which the concept of eugenics was gaining popularity most rapidly, not in Germany (despite popular belief), here in the good ol' USA. It involved a decision by the Virginia State Colony "for Epileptics and Feebleminded" to sterilize Carrie Buck. She was a 18 year old patient with a mental age of 9 whose 52 year old mother had a mental age 8 and engaged in prostitution and other acts with were considered "immorality" at the time. None of her children knew their paternity. Carrie Buck was deemed "incorrigible" by the state after she gave birth to an illegitimate child, which was deemed to be the result of rape by her adoptive mother's nephew.

Her guardian, who sued on her behalf, stated that the right to reproduce is part of the due process clause and guarantees all adults the right to procreate. The State argued that Buck was a danger to the public welfare and it was in the best interest of the State for Buck to be sterilized. The Supreme Court, after reviewing, agreed with the State.

Oliver Wendell Holmes, the justice authoring the ruling, wrote famously that "three generations of imbeciles are enough". They relied on the Jacobson vs. Massachusetts, the case we reviewed on compulsory smallpox vaccination, to state that if you can forcibly vaccinate someone, then you can also sterilize them. Only one Justice, a devout Catholic, dissented but even then declined to write a dissenting opinion.

Only in 1942, in Skinner v. State of Oklahoma, was this precedent even partially distinguished, when the Supreme Court ruled that compulsory sterilization of habitual criminals violated the Equal Protection Clause and Due Process Clause. But once again, to this date it has NEVER been completely overruled. Members of the SS actually cited Buck v. Bell as a defense to their actions during the Nuremberg trials. This is precisely why we should be keenly aware of it in this era of pandemic.

The same authoritarian elites that used the completely inapplicable precedent in Jacobson to strip Americans of their freedoms, slap masks on their face, shut down businesses and disperse legal assemblies can use Buck v. Bell to justify truly vile actions. This cabal, and those that follow them religiously, have no moral qualms using the same eugenic logic that ultimately crossed the Atlantic to Germany. Not to mention that we do not yet know the long term effects of the Fauci Juice as we lack even full FDA approval, let alone long term studies.

Interested? Want to learn more about the community?
What else you may like…
Videos
Podcasts
Posts
Articles
LOCALS SUPPORTER EXCLUSIVE - Gina Carano Star Wars Crawl

This will DEFINITELY be censored by YouTube, but want to provide to my Locals supporters in case you want to use it in a video or for fun. I paid a little bit of dinero for this, but totally worth it!

Crack a Bantha Milk ladies and gentlemen, this lawsuit is going to be yet another WILD ride

00:01:36
Wet Ass Roof

So if y'all remember at the end of my stream, I was discussing a certain dripping sound well...check the quick video below for part of what went down...

Actually turned into an even more Biblical flood before the water was finally shut off. Long story short, I'll need to relocate from my current apartment for a few days so I will have a premiere out, but may need to reschedule my weekend lives or do them at alternative times. Standby!

00:00:04
Locals Exclusive- Uvalde Footage Review

I know I say this often but this is HARD to watch. No blood or gore just severe incompetence and the knowledge that children died due to such. I do give a serious content warning therefore, but regardless, I think it is important to talk about as we need justice to be served here.

This will be Locals Exclusive (although open to all) because YouTube may decide to censor this type of content in the future.

00:19:36
Big Lawyer - Big Iron Cover

This one was submitted by a fan and absolutely it'll get me in trouble on YouTube most likely because of the underlying beat, but it absolutely needs to be out there for you guys to enjoy!

Big Lawyer - Big Iron Cover
Animal Farm Recording - Book Club

Attached is the recording of our book club discussion on Animal Farm

Animal Farm Recording - Book Club
Locals Exclusive - Ender's Game Book Club Talk (Audio Only)

Here is the audio only version of the November Book Club discussion .

As a note, we'll likely end up doing Animal Farm for December (book, movie, or cartoon) as it was previously voted highly and it's quite short, so an easy read over the busy holidays. But I will be putting up a poll and taking suggestions for January 2023!

Locals Exclusive - Ender's Game Book Club Talk (Audio Only)
JUST IN TIME

Luckily my taxi was fast so made my flight to Japan, thanks to everyone who joined on YouTube and Locals! I will keep you all updated, especially of any nuisance streamer sightings!

Stay based!

post photo preview
Live chatted 02/20/2025
Lawyer Reacts To Destiny's Public Statement (LIVE)

Come join for an impromptu stream!

Live chatted 02/19/2025
Destiny Lawsuit Revealed (LIVE)

Come join!

Google Monopoly
Will It Break Up?

I meant to comment on this but as it's been a few days, I wanted to make it a Locals exclusive take. 

For some background, as you may or may not know, Judge Amit Mehta said in a 286-page ruling that Google was a monopoly, and that it violated the Sherman Act through its exclusionary distribution contacts. Evidence presented at the trial showed that Google paid $26 billion in 2021 to ensure that its search engine was the default on almost all devices, such as Apple's iPhone.

The question is, what happens from here? 

First of all, Google is already appealing this decision, so the conclusion to this case is two to three years out at best. We often get hyped about legal results, thinking they will be immediate but this is a great example of how things can take a long time to work through the system and how lawsuits don't always solve problems in the best way (very slowly and incrementally). 

Second, a total breakup of Google is unlikely. At best, we might get a spin-off (or divestment) of Google's Chrome internet browser and it's Android operating system. This is no TKO for Google, which will continue to expand it's reach in other ways and also continue it's collaborations with various national governments, which are far more concerning. 

Hope you all enjoyed this article, I hope to write them when I have the opportunity! 

- Andrew Esq.

Read full Article
Trans Athletes? Scotus Will Allow It
Accelerationism or Apathy?

Hard to decide whether the failure of SCOTUS to intervene in overturning the appeal courts injunction which prefrnts West Virginia from barring trans students from athletics is a true win. 

The instant case issue here was that Weat Virginia could not name any specific trans atheletes that were at risk of causing issues in the state. Thus the case could return once we see an biological man cracking skulls in female wrestling. 

Lets be clear, based on precedent and this current courts voting history, I suspect they may bend the knee on issues of sexual orientation and gender identity. 

My longer term question is this though: 

Is SCOTUS truly going full accelerationist or are they just apathic on orientation and gender identity issues? 

Accelerationism, or the thought that we need to make things worse in order for them to fail and reset (to an ideal state) - always seems more of an academic or meme argument.  While I know a select frw are truly committed to the concept, most talk big online but back down when it hits their friends or family. It's also hard for me to believe that the boomer boy & girl scouts on SCOTUS are "doing it for the lulz" - that would not be their sense of humor.

I'd love to hear y'all thoughts. 


I'll link a full article on the topic below: 

https://thehill.com/regulation/court-battles/3937891-supreme-court-rules-west-virginia-transgender-athletes-can-compete-on-female-sports-teams/amp/

Read full Article
See More
Available on mobile and TV devices
google store google store app store app store
google store google store app tv store app tv store amazon store amazon store roku store roku store
Powered by Locals