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#legalsystem

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A quotation from Ambrose Bierce

PRECEDENT, n. In Law, a previous decision, rule or practice which, in the absence of a definite statute, has whatever force and authority a Judge may choose to give it, thereby greatly simplifying his task of doing as he pleases. As there are precedents for everything, he has only to ignore those that make against his interest and accentuate those in the line of his desire.

Ambrose Bierce (1842-1914?) American writer and journalist
“Precedent,” The Devil’s Dictionary (1911)

Sourcing, notes: wist.info/bierce-ambrose/76306…

Continued thread

America’s Forgotten History of #ForcedSterilization

By Sanjana Manjeshwar on November 4, 2020

"In early September, a nurse working at an Immigration and Customs Enforcement (#ICE) detention center in #Georgia came forward with shocking allegations of medical neglect and abuse, claiming that numerous involuntary #hysterectomies (uterus removal surgeries) were performed on detained #ImmigrantWomen. This allegation understandably evoked fury and outrage among the general public, with numerous people denouncing it as a #HumanRights violation and yet another example of the current administration’s cruelty towards women and immigrants. Many people, including prominent liberal politicians and public figures, viewed it as something distinctly un-American and at odds with our country’s values — a common refrain that echoed in response to the allegation was 'This isn’t the America I know.' There were countless comparisons to #NaziGermany and other #totalitarian, human rights-abusing regimes, as well as a pervasive sense that the United States was engaging in a uniquely cruel and unprecedented act. Unfortunately, this is a misleading impression.

"While the allegations against ICE are undoubtedly horrific and must be investigated, they are not at all unprecedented or un-American — in fact, they are very American. The United States has a long, egregious, and largely unknown history of eugenics and forced #sterilization, primarily directed towards #PoorWomen, #DisabledWomen, and #WomenOfColor.

"The American #eugenics movement originated in the late 1800s and has always been undeniably based in #racism and #nativism. The word 'eugenics' originally referred to the biological improvement of human genes, but was used as a pseudoscience to justify discriminatory and destructive acts against supposedly undesirable people, such as extremely restrictive #ImmigrationLaws, #AntiMiscegenationLaws, and forced sterilization. The ultimate goal of the eugenics movement was to 'breed out' undesirable traits in order to create a society with a 'superior' genetic makeup, which essentially meant reducing the population of the #NonWhite and the mentally ill. The eugenics movement was widely accepted in American society well into the 20th century, and was not at all relegated to the fringes of society like one might expect. In fact, most states had federally funded eugenics boards, and state-ordered sterilization was a common occurrence. Sterilization was seen as one of the most effective ways to stem the growth of an 'undesirable' population, since ending a woman’s reproductive capabilities meant that she would no longer be able to contribute to the population.

"The Supreme Court case Buck v. Bell (1927) decided that a Virginia law authorizing the mandatory sterilization of inmates in mental institutions was constitutional. #CarrieBuck, a 'feeble minded woman' whose mental illness had been in her family for the past three generations, was committed to a state mental institution and was set to undergo a sterilization procedure which required a hearing. The Supreme Court found that the Virginia law was valuable and did not violate the Constitution, and would prevent the United States from 'being swamped with incompetence…Three generations of imbeciles is enough.' The Court has never explicitly overturned #BuckVersusBell.

"California’s '#AsexualizationActs' in the 1910s and 1920s led to the sterilization of 20,000 disproportionately #Black and #Mexican people who were deemed to be mentally ill. #Hitler and the #Nazis were reportedly inspired by #California’s laws when formulating their own #genocidal eugenics policies in the 1930s. When discussing the Asexualization Acts of California, Hitler wrote, 'There is today one state in which at least weak beginnings toward a better conception [of citizenship] are noticeable. Of course, it is not our model German Republic, but the #UnitedStates.'

"Throughout the 20th century, nearly 70,0000 people (overwhelmingly working-class women of color) were sterilized in over 30 states. #Black women, #Latina women, and #NativeAmerican women were specifically targeted. From the 1930s to the 1970s, nearly one-third of the women in #PuertoRico, a U.S. territory, were coerced into sterilization when government officials claimed that Puerto Rico’s economy would benefit from a reduced population. Sterilization was so common that it became known as '#LaOperación (The Operation)' among Puerto Ricans.

"Black women were also disproportionately and forcibly sterilized and subjected to reproductive abuse. In #NorthCarolina in the 1960s, Black women made up 65 percent of all sterilizations of women, although they were only 25 percent of the population. One Black woman who was subjected to a forced hysterectomy during this time was #FannieLouHamer, a renowned #CivilRights activist. Hamer described how nonconsensual sterilizations of working-class Black women in the South were so common that they were colloquially known as a '#MississippiAppendectomy'.

"Additionally, many Native American women were sterilized against their will. According to a report by historian Jane Lawrence, the Indian Health Service was accused of sterilizing nearly 25% of #Indigenous women during the 1960s and 1970s. In 1973, the year that Roe v. Wade was decided by the Supreme Court, supposedly ensuring reproductive rights for all American women, the reproductive rights of thousands of Indigenous women were entirely ignored as they were forcibly sterilized.

"Forced sterilization, especially in exchange for a sentence reduction, occurs often in the criminal #LegalSystem today. Government-sanctioned efforts to prevent incarcerated people from reproducing were widespread in the 20th century, and still continue today. In 2017, a judge in #Tennessee offered to reduce the jail sentences of convicted people who appeared before him in court if they
'volunteered' to undergo sterilization. In 2009, a 21-year-old woman in #WestVirginia convicted of #marijuana possession underwent sterilization as part of her probation. In 2018, an #Oklahoma woman convicted of cashing a counterfeit check received a reduced sentence after undergoing sterilization at the suggestion of the judge. According to a report by the Center for Investigative Reporting, almost 150 women considered likely to return to prison were sterilized in California prisons between 2004 and 2003. Although they had to sign 'consent' forms, the procedure, when posed as an incentive for a reduced sentence, generates an ongoing debate about whether or not consent actually exists in these situations. Proponents of the sterilization of incarcerated individuals often cite a lack of 'personal responsibility,' when in reality, many of these individuals face a lack of support and resources. Even if incarceration was somehow the singular determinant of one’s morals and character, sterilization as part of a prison sentence is still a fundamental violation of the right to #ReproductiveAutonomy — something judges and prison officials choose to ignore."

Read more:
bpr.studentorg.berkeley.edu/20
#USPol #reproductiverights #Fascism #BodilyAutomony #USHistory #WhiteNationalism #Genocide

Berkeley Political Review - UC Berkeley's only nonpartisan political magazine · America’s Forgotten History of Forced Sterilization - Berkeley Political ReviewIn early September, a nurse working at an Immigration and Customs Enforcement (ICE) detention center in Georgia came forward with shocking allegations of medical neglect and abuse, claiming that numerous involuntary hysterectomies (uterus removal surgeries) were performed on detained immigrant women. This allegation understandably evoked fury and outrage among the general public, with numerous people

#MAGA and #TheEnd
"It was bad for the world to see the #American people freely #voting for a convicted #criminal, multiple bankrupt, uncouth liar, narcissist, & sexual predator. It was bad enough to see the further politicization of the #legalsystem. This is no advert for #democracy. But what has followed is worse.. Blaming the #USA trade deficit on others is largely absurd. It stems from #overconsumption made possible by the role of the #USdollar" #tRump 🤮
asiasentinel.com/p/maga-end-em

Asia Sentinel · MAGA and the End of EmpireBy Philip Bowring
Continued thread

as well as educators, youth counselors, and students at both the K-12 and college levels, encouraging them to focus on their education and goals. Through writing, interviews, and actions (including several hunger strikes), Jarvis also works to bring direct attention to the systemic problems with the penal and criminal #justice systems. ⚖️

This is the story of one man, but it is not just one man’s story. Jarvis’ plight is at once an indictment of our #LegalSystem

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@Teri_Kanefield @GottaLaff @Bam Hi Teri, I read your "Trump’s Social Media Postings" and found it informative as usual.

I'm in the frustrated camp. I'll give you an analogy that you probably won't find satisfying that is part of my perspective that there's a problem with the legal process.

I'm a software engineer primarily. I have two postulates:

1. Software is a process with a set of rules, as is legal proceeding a process with a set of rules.

In software there's a notion of a "boundary condition", that is, some case that was not recognized before hand to be an issue and therefore not checked thereby yielding an unforeseen error condition.

2. Software exists in a collective/community with an expectation of use, as is a legal process within a societal use.

My premise, Trump is a boundary condition not addresses by the legal process rules and approaches. Trump has uncovered a bug in the legal system.

This legal system bug should be addressed here.

Continued thread

Through #writing, #interviews, and actions (including several #HungerStrikes), Jarvis also works to bring direct attention to the systemic problems with the penal and #CriminalJusticeSystems.

This is the story of one man, but it is not just one man’s story. Jarvis’ plight is at once an indictment of our #LegalSystem and a sobering plea for #SystemicReform. Helping to free Jarvis Masters isn’t merely an act of compassion – it’s an ethical imperative.

#JusticeForJarvis

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