What Has Positive Law Wrought (Part 2)

Earlier, we mentioned Positive Law as a means to demolish Western Civ.

Streiff elaborates with another couple of SCOTUS cases, relating them to the current hot mess given us by Red China, Fauci, and Biden*.

...What all of the state vaccine bans have in common are they rely in some part on a Supreme Court decision called Jacobson vs. Massachusetts. In 1902, a Swedish pastor named Henning Jacobson was fined by the city of Cambridge, Massachusetts, for refusal to get a free (does this sound familiar?) smallpox vaccine because Cambridge feared it was facing an outbreak of that disease.

In a 7-2 opinion written by Justice John Marshall Harlan, the court upheld Jacobson’s conviction and the $5 fine it brought with it....

The problem with Jacobson was what followed:

...The best example of what Jacobson portends, if allowed to continue to metastasize, is exhibited in the 1927 case called Buck vs. Bell....

 In an 8-1 decision, the Supreme Court ruled that Carrie Buck could be involuntarily sterilized, and so she was....

Oliver Wendell Holmes achieved god-status from the Positivists (Lefties!!  They can NOT be Righties.) for his opinion therein.

Was there something wrong there?  Well, read history:

...This opinion is notable for three things. First,  like Korematsu vs. U.S., it was a horrible overreach by the state that resulted in the treatment of Americans in a way that remains a stain on our country. Also, like Korematsu, Buck vs. Bell is still the law of the land. Neither have been overruled or otherwise repudiated. Second, Nazi doctors at the various war crimes trials used Buck vs. Bell to justify their experiments designed to sterilize “undesirables.”...

More on Holmes' German disciples can be found here. 

Streiff has another trenchant observation on Buck:

[Carrie Buck] wasn’t alone. She was followed by some 70,000 Americans who were deemed to “sap the strength of the State.” These were the blind, the deaf, the crippled, the chronically indigent, those with low IQs and psychological disorders. And, if you’ve watched the Congress and the U.S. government in operation, it is clear that the law did nothing to staunch the flow of imbeciles.

LawProfs, by and large, love Positive Law.  It's a power thing for them, and for judges.

Exactly why sensible citizens should despise it.