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To: Rashputin
The fact that no one has ever bothered to challenge Buck v Bell ...

You can't challenge a Supreme Court ruling just by filing a form. You have to have an actual event of harm caused by enforcement of a law you say is unconstitutional. If any state were presently attempting to sterilize citizens against their will, then you'd have a cause of action to procede.

It's possible that a case of judge-ordered abortion on an underage or mentally incompetent woman could generate a challenge to this precedent, but it seems not to have happened.

33 posted on 08/24/2014 3:51:47 PM PDT by Tax-chick (No power in the 'verse can stop me.)
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To: Tax-chick

Proceed.


34 posted on 08/24/2014 3:56:13 PM PDT by Tax-chick (No power in the 'verse can stop me.)
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To: Tax-chick
I know but I also know there have been opportunities that were not taken advantage of because no one was thinking beyond their nose.

Several women in Oklahoma come to mind as well as the cases where there were damages paid for having sterilized people. Rather than pursuing damages and nothing more those cases could have very easily been framed in a way that argued against the State having the right to sterilize at all rather than arguing that it was done without consent.

Like I said, a lack of strategic thinking, at least when it comes to court cases, is typical of Conservatives in this country. I think too many people are afflicted with a case of, "been down so long it looks like up to me".

40 posted on 08/24/2014 5:14:13 PM PDT by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory.)
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