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.