General Discussion
In reply to the discussion: Huckabee: Dred Scott Decision “Remains To This Day The Law Of The Land” [View all]no_hypocrisy
(55,530 posts)Would have been better to cite:
A) U.S. v. Koramatsu - Federal government can legally detain and imprison citizens without habeus corpus based on their ethnicity. While the government doesn't do this anymore, the decision hasn't been overturned or overruled.
B) Bell v. Buck - State governments can legally sterilize any resident with due process if there is a statute allowing such procedure. I believe the trend peaked and dwindled by 1977. Again, while not done as policy anymore, the law is still viable.
My point: If a "rogue" government employee was ordered to facilitate sterilization or detaining a citizen on the basis of "national security", and that employee refused to execute that order on the basis of personal religion, the same situation exists: the employee has to resign if s/he can't implement the order. Until the law is changed, the employee has to either follow the law or resign under protest.