General Discussion
In reply to the discussion: These Anti-Vaxxers Are Funding ‘Ready for Hillary’ - DailyBeast [View all]Divernan
(15,480 posts)It's like any politician saying he or she is in favor of free speech, or motherhood, or apple pie. The devil is in the details.
It is unprecedented for our government, federal, state or local, to mandate medical treatment for children or adults, other than on a case by case basis. Traditionally, except in an emergency situation, parental consent is required in order to perform medical procedures on children, including adolescents. Courts throughout the world recognize that parents have rights but additionally recognize that these rights are not absolute and exist only to promote the welfare of children.
Well known international exceptions would be North Korea's current regime and Hitler's Nazi government, which arbitrarily euthanized or sterilized adults or children with physical or mental disabilities, without giving relatives or parents any hearings in a court of law. Even China, with its one child policy did not forcibly impose abortions or sterilizations, i.e., medical treatment without a patient's consent.
To enforce the One-Child Policy, the Chinese government used a quota reward system for Planning Officials who carried out the birth control policies. If they did not meet these quotas, they were either punished or lost the opportunity to earn promotions.
The U.S. has also had an abhorrent policy on forced sterilization, i.e, forced medical treatment -
1907-Indiana becomes the first state in the country to successfully pass a mandatory forced sterilization law, in this case impacting the "feebleminded" (mentally handicapped).
1909-California and Washington pass mandatory sterilization laws.
1922-Harry Hamilton Laughlin, director of the Eugenics Research Office, proposes a federal mandatory sterilization law. Like Lincecum's proposal, it never really goes anywhere.
1927-In Buck v. Bell, the U.S. Supreme Court rules (8-1) that laws mandating the sterilization of the mentally handicapped do not violate the Constitution. Writing for the majority, Justice Oliver Wendell Holmes makes an explicitly eugenic argument: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.
1936-Nazi propaganda defends Germany's forced sterilization program by citing the United States as an ally in the eugenic movement, and its laws as proof of its status as same. World War II, and the atrocities committed by the Nazi government, would rapidly change U.S. attitudes towards eugenics.
1942-In Skinner v. Oklahoma, the U.S. Supreme Court rules unanimously against an Oklahoma law targeting some felons for sterilization (the plaintiff, Jack Skinner, was a chicken thief) while excluding white-collar criminals. The majority opinion, written by Justice William O. Douglas, rejects the broad eugenic mandate previously outlined in Buck v. Bell (1927):Strict scrutiny of the classification which a State makes in a sterilization law is essential, lest unwittingly, or otherwise, invidious discriminations are made against groups or types of individuals in violation of the constitutional guaranty of just and equal laws.
1970-The Nixon administration dramatically increases Medicaid-funded sterilization of low-income Americans, primarily Americans of color. While these sterilizations are voluntary as a matter of policy, anecdotal evidence later suggests that they are often involuntary as a matter of practice as patients are often misinformed, or left uninformed, regarding the nature of the procedures that they have agreed to undergo.
1979-A survey conducted by Family Planning Perspectives finds that approximately 70% of American hospitals fail to adequately follow U.S. Department of Health and Human Services guidelines regarding informed consent in cases of sterilization.
1981-Oregon performs the last legal forced sterilization in U.S. history.
http://civilliberty.about.com/od/gendersexuality/tp/Forced-Sterilization-History.htm
True, our state governments have authorized forced sterilizations and lobotomies (Rosemary Kennedy), and even pulling the plug. But these have always been case-by-case decisions.
I personally am in favor of vaccinations for children, but as a lawyer I clearly see that this is an extremely delicate & complex legal issue. Hillary's folksy tweet is reminiscent of her phony black dialect - she's talking down to people and she's too emotionally tone deaf to realize it.
Feb 10, 2008 · Hillary Clinton speaking in a black church in a much different accent and dialect than normal. https://search.yahoo.com/yhs/search?p=Hillary+Clinton+black+accent&ei=UTF-8&hspart=mozilla&hsimp=yhs-001
And the thing is, and what, as a lawyer myself, really offends me about Clinton's cutsey, insultingly simplistic little grandma tweet, is that she is a lawyer and is completely aware of the legal complexities. So she wants to be hip/au currant and tweet? Great, but this is not the topic for such shallow treatment.