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elleng

(130,864 posts)
Fri Nov 27, 2020, 07:48 PM Nov 2020

"This is from the Supreme Court over 100 years ago: "

“The Constitution does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint. A community has the right to protect itself against an epidemic, and its members may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand.” Jacobson vs Massachusetts, 197 U.S. 11, 7-2 majority

27 replies = new reply since forum marked as read
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"This is from the Supreme Court over 100 years ago: " (Original Post) elleng Nov 2020 OP
Clearly this Supreme Court J_William_Ryan Nov 2020 #1
clearly handmade34 Nov 2020 #2
This court yes and we can blame the Republicans for allowing Trump to replace Ginsburg tymorial Nov 2020 #6
Gorsuch is an idiot lonely bird Nov 2020 #15
Definitely true. tymorial Nov 2020 #18
Was beer boy sober? wnylib Nov 2020 #25
Really? Originalist Gorsuch is a hypocrite. JohnQFunk Nov 2020 #22
Big time. tymorial Nov 2020 #27
Very interesting SCOTUS stuff underpants Nov 2020 #3
This case was about forced vaccination. Kablooie Nov 2020 #4
Hmmm.. not religious fanatics. mountain grammy Nov 2020 #5
Never let it be said that The GOP can read or do basic math. Ford_Prefect Nov 2020 #7
Sounds like Amy Covid Barrett has been legislating from the bench, area51 Nov 2020 #8
I've been throwing that case at any one whining about wearing masks violating their rights dflprincess Nov 2020 #9
Good elleng Nov 2020 #10
I doubt if it does any good. dflprincess Nov 2020 #12
It SURELY does some good, elleng Nov 2020 #14
A basic constitutional and democratic eprinciple. The safety and health of the people comes first. Nitram Nov 2020 #11
K n R ! Thanks for posting elleng! nt JoeOtterbein Nov 2020 #13
This reminds me of every Political Science professor I had, they all said... IthinkThereforeIAM Nov 2020 #16
Snake handling churches come to mind. murielm99 Nov 2020 #17
It is also illegal for Jehovah's Witnesses to withhold wnylib Nov 2020 #26
K&R Blue Owl Nov 2020 #19
Thank you. niyad Nov 2020 #20
My wife and I were watching a documentary about the 1918 flu epidemic. PatrickforO Nov 2020 #21
Sadly, it tells a lot about that. elleng Nov 2020 #24
I would love to share this quote on Facebook rhiannon55 Nov 2020 #23

J_William_Ryan

(1,752 posts)
1. Clearly this Supreme Court
Fri Nov 27, 2020, 07:52 PM
Nov 2020

has nothing but contempt for precedent, facts, science, and sound, responsible governance.

Expect more rulings placing subjective religious doctrine and dogma over facts, the truth, and the wellbeing of the American people.

tymorial

(3,433 posts)
6. This court yes and we can blame the Republicans for allowing Trump to replace Ginsburg
Fri Nov 27, 2020, 09:51 PM
Nov 2020

This very subject came up in May and the court denied relief. Roberts cited Jacobson vs Massachusetts in his concurring opinion. Gorsuch took the opportunity this time to lay into Roberts and state he was wrong in his decision and basically stated Jacobson was out of touch with modern times. Gorsuch's remarks were telling in my opinion and amounted to more than professional disagreement.

lonely bird

(1,685 posts)
15. Gorsuch is an idiot
Fri Nov 27, 2020, 10:54 PM
Nov 2020

The decision is even more applicable now with increased population and transportation that can more easily spread a disease.

Kablooie

(18,625 posts)
4. This case was about forced vaccination.
Fri Nov 27, 2020, 09:19 PM
Nov 2020

Seems they didn't cotton to anti-vaccers back then.
They let common sense rule instead of inflamed, illogical passions.

How things have changed.

Ford_Prefect

(7,884 posts)
7. Never let it be said that The GOP can read or do basic math.
Fri Nov 27, 2020, 10:16 PM
Nov 2020

They appear to believe that neither the laws of Gravity or Momentum apply to them. They also have a rather exaggerated valuation of their own privilege over those of the community at large.

area51

(11,905 posts)
8. Sounds like Amy Covid Barrett has been legislating from the bench,
Fri Nov 27, 2020, 10:20 PM
Nov 2020

which the nazi party claims to hate to happen.

dflprincess

(28,075 posts)
9. I've been throwing that case at any one whining about wearing masks violating their rights
Fri Nov 27, 2020, 10:41 PM
Nov 2020

The case has been used as precedent in other public health cases as well, not just those involving vaccinations.

Nitram

(22,791 posts)
11. A basic constitutional and democratic eprinciple. The safety and health of the people comes first.
Fri Nov 27, 2020, 10:43 PM
Nov 2020

IthinkThereforeIAM

(3,076 posts)
16. This reminds me of every Political Science professor I had, they all said...
Fri Nov 27, 2020, 11:54 PM
Nov 2020

... "The courts/government cannot interfere with beliefs, but they can interfere with practices if it breaks the law".

One example I recall off the top of my head was the Coptic church congregation in Florida that used marijuana in their religious services. Because of their belief... but marijuana is/was illegal at the time, so they were guilty of possession, place where illegal substances were partaken... So their, "right to religious freedom", stopped when they broke the state and federal laws with their practices.

murielm99

(30,733 posts)
17. Snake handling churches come to mind.
Sat Nov 28, 2020, 02:42 AM
Nov 2020

Snake handling in religion is illegal in every state except West Virginia.

wnylib

(21,428 posts)
26. It is also illegal for Jehovah's Witnesses to withhold
Sat Nov 28, 2020, 06:56 PM
Nov 2020

life-saving blood transfusions for a minor. The life of the child takes precedence over the parents' religious beliefs.

PatrickforO

(14,570 posts)
21. My wife and I were watching a documentary about the 1918 flu epidemic.
Sat Nov 28, 2020, 04:25 PM
Nov 2020

These crazies who refuse to wear masks were alive and well a hundred years ago, too.

Seriously. They had the SAME crap we're all facing. Not as good medical technology, and a higher mortality rate. But the SAME crazies.

My favorite was some lady at a town hall in Miami who said that God breathed life into Adam, and to make her wear a mask to to DENY her God's breath! That is just bizarre.

And Trump - he hasn't helped a bit.

But, Ellen, this Supreme Court ruling from a century ago tells us all we need to know about the general stupidity of human beings, doesn't it?

elleng

(130,864 posts)
24. Sadly, it tells a lot about that.
Sat Nov 28, 2020, 06:45 PM
Nov 2020

My grandmother, whom I never met, died in the 1918 flu epidemic, in NYC, leaving my father (the youngest of 5 children) and grandpa, who I think did hold me. He may have passed during my 1st year.

A hero in my mind, tho I don't remember him, he cared for all of his kids, ran a deli, cooked and left recipes, did all the parenting things we and our children do now, like seeing to it that our grandchildren (1 - 7 years old) are vaccinated, wear masks, and stay away from crowds.

rhiannon55

(2,671 posts)
23. I would love to share this quote on Facebook
Sat Nov 28, 2020, 06:45 PM
Nov 2020

So my my constitution-worshiping anti-mask family members (thankfully, there are only a few) can read it. I never stop trying to reach them and I know it's pointless, but still I try. I read in the responses that it was about anti-vaxxers, but I thought of anti-maskers when I read it. It's about both (and other) safety measures that some people see as an infringement on their freedom.

Would you mind, elleng?

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