Featuring an Intellectual Show Down With One Ron Kuby
This is a Man of Empathy that Engenders Trust ("I like beer")
I promise that this will be a proper scholarly article befitting a legal blog. It will contain only the finest in legal scholarship and will be the epitome of reverent.
A few days ago I got jobbed by a Federal District Court Judge in the Eastern District of New York. The Honorable Judge Brian Cogan. He’s famous for being the Judge in the El Chapo case, his volatility and his no nonsense attitude.
Back right before the beginning of the Pandemic a major corporation – American Transit – served my client with a summons and complaint. Those are the things that start a law suit. This is how they allegedly served him – served means “give” … American Transit left the summons and complaint on the ground outside of a building where my client used to have an office six years before American Transit dumped it there. My client’s office closed six years prior and a new business moved into the building years before. My client wasn’t there anymore.
American Transit did the above pursuant to an Order by Judge Cogan. American Transit went to Judge Cogan and said that the doorman at my client’s building told their process server that my client “has an apartment in the building, but he and his family weren’t living there” at the time. So American Transit asked for permission to just dump the summons and complaint outside the building.
Judge Cogan said “Sure … Let me Order it.”
And justice was done.
This major corporation brought a motion for default judgment because the client did not respond to the summons and complaint that was dumped outside of a building he left six years ago. The client had no idea this summons and complaint existed.
In a decision on the motion for default judgment the Judge called my client a “miscreant” based solely on what was alleged – alleged means “accused”; or what American Transit said about my client – in the complaint. A complaint is just allegations. That means it means nothing until the things it says are proven. There is no evidence. Anybody can say anything in a complaint. Trump said he won the election in 60 complaints. But Judge Cogan still called my client a “miscreant” based on no evidence.
Then Judge Cogan did something odd in the decision. The complaint was so bad – as in shit senseless (TM) [the term "shit senseless" has been trademarked by me and cannot be used without my permission or paying me money] – Judge Cogan said “enough of these shitty RICO actions” and he tossed the complaint. Threw it right out. Judge Cogan – after he called my client a “miscreant” – literally spent pages describing just how shit senseless (TM) the complaint was. He did this in the haughty style that Judge Cogan is famous for – nasty plain talk.
The big corporation – the insurance company called American Transit – flipped out. They filed an appeal, pulled in one of their top lawyers [a different lawyer than the one who wrote the complaint] [by the way this lawyer couldn’t try his way out of a paper bag and every jury would hate him]
American Transit made what’s known as a “motion to reconsider” on top of the appeal. A motion to reconsider is where you say “hey judge … you fucked up.”
All of sudden Judge Cogan changed his tune. This “motion to reconsider has explained the complaint” Judge Cogan wrote in a decision that went on … and on … and on … and on … talking about how the complaint was somehow good now, because it was explained. But according to the law the complaint rises or falls on the four corners of the document and not some explanation written by a lawyer. As I say “the complaint says what it says – not what someone says it says.”
But Judge Cogan reversed himself and granted American Transit default judgment against my client and said my client had to pay a large amount of money based upon some paperwork American Transit gave him.
I made a motion seeking to vacate the default. That is where it is argued that “hey the client messed up … and it wasn’t on purpose … and we have a story to tell too … so please let us fight this thing.” The law in the Second Circuit is clear. “We want cases to be heard on the merits and not won on technicalities” says that bastion of wisdom known as the Second Circuit.
But Judge Cogan in his famous plain talking haughty manner mischaracterized everything I said and everything my client said – and ignored the law – when he denied the motion to vacate the default. Every time big money gets in a federal court all kinds of shit senseless (TM) things just seem to happen.
This piece is dedicated to Judge Cogan.
As we know for three decades Chevron intentionally – as in on purpose – dumped billions of gallons of oil waste into the rivers, lakes, streams and soil of the Ecuadorian Amazon. This is very bad stuff. And scientists think it’s about 16 billion gallons or so that Chevron purposely dumped – not including the millions of gallons of negligently spilled oil. They ran streams of these toxic oil waste chemicals right through villages where people lived; drank and bathed. I read all about it in the expert reports.
The expert reports detail how Chevron nuked an area the size of Rhode Island. Everything that lived in the former Eden is poisoned. Cancer ... Birth defects … Deformities … Who even knows? Chevron doesn't deny it. They have been caught hiding it to many times:
(The Donziger Files)
Thousands have suffered and died. And as Chevron dumped billions and billions of gallons of these highly toxic substances into the water the people drank, bathed in and fished -- Chevron knew that it would kill everyone. But it made them an extra five billion dollars. See below:
Oh by the way Chevron does similar things all over the world including in the U.S. and Pennsylvania, Fracking [fucking] USA. See below:
Chevron once caused a mountain in Pennsylvania to blow up and would not let the State DEP on site even though the DEP by law has total access. See below:
They got a slap on the wrist from the State of Pennsylvania but had to pay 5 million dollars to the estate of the man they blew up. It took weeks to find what was left of him:
As the air grew foul Chevron gave the people in the surrounding area pizza which was not really appreciated too much. People just wanted the air back. See below:
Chevron and other oil companies are killing Pennsylvania and other states by dumping fracking waste from PA everywhere:
Like they did with oil waste in Ecuador Chevron is just dumping fracking waste on farmers' lands poisoning the water.
I see people who are hurting that could use a good lawyer. I also see some good class action legal fees. I will have to pay PA a visit this summer.
Chevron kills the land and water and everything that lives on it or in it all over the world:
In Ecuador Chevron’s above described actions will result in the extinction of five distinct races of indigenous peoples. One group – the Cofan have already been reduced to less than 1,500 people. From what the science indicates all of them have been poisoned and are awaiting the cancer. Mostly that’s the children.
Here is a boy that recently died in the Amazon. His race will go extinct because of Chevron.
As Donziger reports "So sad to learn that Secoya elder Delfin Piaguaje recently lost his son Benjamin (photo) to cancer due to Chevron's oil waste in the Amazon. Benjamin is the 3rd child of Delfin to die of cancer — a disease unknown in the forest until Chevron came." Delfin is the last Secoya Shaman. The Last of the Secoya. (The Donziger Files)
We will soon find out what they have done to people in Pennsylvania and other states.
As the story goes human rights lawyer Steven Donziger and his team hit Chevron for a 9.5 billion dollar class action judgment on behalf of the 30,000 poisoned people in Ecuador that are the victims of this slow motion genocide. These monies were to be used to try to clean up the mess and save lives.
By the way the case was heard in Ecuador because Chevron argued for years that Ecuador was where it was supposed to be heard and the Southern District of New York agreed as long as Chevron promised to abide by the decision of the Courts of Ecuador.
Then the Southern District of New York with the full aid of the Second Circuit and the United States Supreme Court not only took away the judgment; Donziger is now under house arrest and has been for two years. He just underwent a state sponsored criminal prosecution by Chevron’s law firm for contempt of court because he refused to give Chevron his cell phone and lap top – that’s privileged information. And he’s looking at 6 months in prison. On top of that they took his law license away. And he owes like a million bucks to Chevron. All of this for winning the case in Ecuador where Chevron forced them to try it in the first place. When big money goes to federal court things get shit senseless. (TM)
The Supreme Architect of all this murderously and cosmically corrupt mayhem is a federal district Court Judge named Lewis Kaplan.
The minute Chevron saw the writing on the wall in Ecuador – and knew that they would lose the case – they took all of their assets out of Ecuador and went back to the Southern District and said “we’re the third largest corporation in America so you better get rid of the judgment in Ecuador.” Quite miraculously the case ended up with Kaplan in a place where cases are supposed to be randomly assigned. Kaplan is a former Tobacco company lawyer who is well known for being “pro big corporation.”
Ladies and Gentlemen … cigarettes are perfectly healthy and actually good for you
Kaplan would argue back in his law youth.
(The Donziger Files)
This is man of empathy who engenders trust.
Here is what this supposedly neutral Judge told Chevron at the beginning of the proceedings:
The object of the whole game, according to Donziger, is to make this so uncomfortable and so unpleasant for Chevron that they'll write a check and be done with it. . . . So the name of the game is, arguably, to put a lot of pressure on the courts to feed them a record in part false for the purpose of getting a big judgment or threatening a big judgment, which conceivably might be enforceable in the U.S. or in Britain or some other such place, in order to persuade Chevron to come up with some money. Now, do the phrases Hobbs Act, extortion, RICO, have any bearing here?"
In other words -- according to Judge Kaplan -- Donziger sued Chevron and made them uncomfortable. A lawsuit by its nature is very uncomfortable. So what?
I was sued for beating a few guys in a night club. They hit me first when I nicely and even gently told them to leave. I was a bouncer. They were bullying some people that just wanted to have some fun. So I told them they had to leave and next thing I know three men in their early 20s are hitting me. I hit them back and they got brain damage. Blood literally flew out of the ears of one of them. I remember thinking this can’t really happen but it did. It was weird, but it never caused a nightmare or anything. I was more violent than they were and I was blessed by the God of Physics and Velocity. Not my fault.
And it was uncomfortable to be sued.
Oh the night club’s insurance company settled the case really, really, cheap even with the brain damage because the night club was smart. They had tons of video surveillance cameras showing six thugs attacking three bouncers that were not looking for a fight. A jury would have given them nothing.
But the legal point is this: A jury is important.
Its uncomfortable being poisoned and getting cancer too – I also saw that first hand with my father. He died. Cigarettes killed him. So I sort of link his death to Judge Kaplan. I’m funny that way. I always want to hate someone.
And all Donziger did was sue Chevron on behalf of the poisoned people who were and still are dying of cancer. But oddly enough Chevron did not get “uncomfortable” and “write out a check.” They spent years fighting the case and lost at trial. Then they calmly and comfortably took their assets out of Ecuador and ran away to Judge Kaplan – the accomplice to my father’s death – who told them to bring a RICO.
Which is what they did ... Chevron brought the RICO. Because if the Judge tells you to bring a RICO it means you’re going to win. The fix is in.
Of course Judges shouldn’t be giving legal advice to one of the parties before them. It’s not fair and impartial for a judge to favor one side. But Judges don’t care about that stuff. It has happened to me many times.
Judges want to reward big corporations and big law firms because down the road … right … You get it … Maybe your miscreant kid or grand child wants to be partner at a big firm like Gibson Dunn & Crutcher. Maybe there is a bank account in the Cayman Islands. I am not saying this happened and I am not saying that it did not.
Here are two of the key lawyers that helped Chevron get away with it. They mine as well have represented Hitler (hint): Gibson Dunn "lawyers Mastro and Champion: "Your firm billed millions to help Chevron escape justice for a slow-motion slaughter of Indigenous Amazonians. Is this the legacy you want to leave humanity? Secoya Ben Piaguaje is the most recent victim." [Two Legal Profession Nazis] (The Donziger Files)
But Chevron wanted to be sure they would win so they paid a disgraced former Ecuadorian Judge Millions of dollars to testify that the Ecuadorian judgment was the product of fraud. This disgraced former judge later admitted under oath before an international tribunal that he lied when he testified as to the above.
By the way Chevron found a legal loophole to avoid a jury so that Judge Kaplan could decide the case. That’s how come the Chevron paid off judge testified to Kaplan and not a jury.
Remember a jury is important.
Judge Kaplan did not care that Chevron’s witness that was paid millions of dollars by Chevron admitted that he lied when he said the judgment in Ecuador was the product of fraud. He admitted he lied about a whole bunch of other stuff too.
So what … means nothing.
Said Judge Kaplan – the accomplice to my father’s death.
And what did Judge Kaplan say during the opening days of the trial that robbed the Cofan people of their last chance? What wisdom did that fair and impartial bastion of American Justice and former Tobacco company lawyer impart. He said this:
[W]e are dealing here with a company of considerable importance to our economy that employs thousands all over the world, that supplies a group of commodities, gasoline, heating oil, other fuels and lubricants on which every one of us depends every single day. I don’t think there is anybody in this courtroom who wants to pull his car into a gas station to fill up and finds that there isn’t any gas there because [Mr. Donziger and his clients] have attached it in Singapore or wherever else [as part of enforcing their final Ecuadorian judgment].
Like every gas station on earth is a Chevron gas station. Like 9.5 billion dollars would even phase Chevron. If I pulled into a Chevron gas station I would piss on the pumps. But if I pulled into a Chevron gas station before I knew about what genocidal Nazis they were – and they were closed – I would go across the street to the other gas station unless it was Exxon. If it were Exxon I would go across to the other side of the street and just use that gas station. Big deal.
Kaplan than proceeded to do every wicked and underhanded thing possible in the corrupt Nazi like show-trial that followed. He behaved like the cigarette company lawyer that he was.
This is a man of empathy who engenders trust. He is also an accomplice to my father’s death
I went to the latest Donziger event last night.
They’re held outside of his apartment building. The apartment he cannot leave. If he leaves you may recall his black ankle bracelet will inform the federal authorities who will come beat him and arrest him. He’s up about five or so stories and he looks down on the street from out of his window.
The event was star studded. My hero Roger Waters from Pink Floyd fame – and his solo career – was there. The great actress Susan Sarandon was there. They are always there. Famed lawyer and celebrity/radio personality Ron Kuby was there too. He’s Donziger’s pro bono – that means free – lawyer.
But as usual I just didn’t fit in. There were speeches from the above people and some local politicians. And a candle light visual for the thousands that have died from Chevron’s poison. The wind howled and a thunderstorm blew over. Then the rain … And we huddled under the construction overhangs. Powerless rained on people – the victims of Chevron and the American corporate oligarchy.
For those who have read my prior pieces on this you know what I was thinking. Why aren’t we suing Chevron; and their lawyer Gibson Dunn; and the judges like Kaplan and Preska. Why aren’t we marching down to Wall Street and burning it. That is only Monday. By Saturday it is much more intense. Sunday we rest and watch football.
Then I saw fabled lawyer Ron Kuby and I approached him. I told him that the best shout out he ever got was in the movie The Big Lebowski. Kuby said that it was the best shout out he’d ever get. He’s a funny man.
Then given all that happened ... That a man was under house arrest not only at the behest of a corporation but by a corporation … And that the man would be going to jail … all for winning a case against Chevron for thousands of people they killed or were killing … and that this man who was facing a misdemeanor charge where the most time he could serve even if convicted was 180 days in jail and the longest sentence ever was a mere 90 days of home confinement … and that he had no prior contacts with the criminal justice system … and that he owned an apartment in Manhattan where he lived with his wife and adolescent son – that despite all of that and the $800,000.00 in bond that he put up … this day was his 700th day under house arrest … where people who were similarly situated would just be released without any conditions whatsoever – pending trial … and that Judge Preska ordered the home detention because she said that Donziger was a flight risk … such a shit senseless (TM) ass clown argument. (TM) (the phrase "ass clown" was invented by me and trademarked -- so if you want to use it you have to ask my permission and pay me] See the below picture and you’ll see why this happened:
Judge Preska is big with the Federalists (QAnon for lawyers); and Chevron and their Law Firm Pay the Federalists big money (The Donziger Files)
Given all of the above I said:
Mr. Kuby this is kind of radical. But bear with me. Okay … but this is a bit radical … What if we had Mr. Donziger leave his apartment. And go wherever he wanted to go. And we surrounded him with say 100 men like me. All armed. And when the federal authorities come to get Donziger we tell them to leave. And if they don’t leave … we open fire on them.
Well Ron Kuby looked at me like I was shit senseless (TM) and an ass clown (TM). And this is what Ron Kuby said:
That’s a stupendously bad idea.
Then he had to shake some hands. But he got back to me and explained.
That’s a stupendously bad idea. You don’t fight the government with force. I don’t want to get shot. Steven [Donziger] doesn’t want to get shot.
I tried to explain that given Kuby’s limited size … age … limited intimidation factor … and an obvious aversion to violence he wouldn’t be on the front lines so to speak. I tried to explain that Donziger would be someplace protected since the whole purpose of the armed uprising was to protect him. Kuby could just hunker down with him. But Kuby would have none of it. He was on a roll:
I don’t want to die. They will riddle Steven [Donziger] with bullets. Steven [Donziger] doesn’t want to die. Steven [Donziger] doesn’t want to go to jail.
I remember thinking as I couldn’t get in a word edgewise: Geez, if someone tries to take away your liberty for no reason other than to punish you for doing something moral, just and legal – isn’t that a good enough reason to die. They’d have to kill me … But Kuby was still hot:
I counseled the Hells Angels not to use force against the Government.
He stopped to take a breath and I quickly asserted:
But Thomas Jefferson said the tree of liberty must be refreshed my new blood every so often.
Kuby: He said “the blood of tyrants” … not my blood.
Me: I think it was blood in general. To get tyrants to bleed some good guys are going to bleed too.
Later I called my 18 year old son who is the best high school quarterback in New York and a three time state karate champion (I trained him) (he's blessed by the God of Physics and Velocity) and I asked him. He said:
Dad it’s the blood of patriots and tyrants.
Here is the exact quote;
The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants …
Thomas Jefferson to William Smith, Paris Nov. 13. 1787.
So Ron Kuby is smart. But I’m even smarter. And my son is the smartest.
I think Ron Kuby was at the “Storm Area 51” event that fizzled out to nothing. Kuby talked everyone out of storming Area 51.
Listen you don’t want to get shot. I don’t want to get shot. There is nothing in there worth dying for.
No … I’m kidding. Kuby wasn’t even there -- I think. Maybe? But everything else really happened.
In any event they started lighting candles in the rain. So I quickly turned to Kuby and I said:
Quick. Mr. Kuby … who wrote "Candles in the Rain."
And the fucker nailed it man.
Me: Fucking excellent. You got it. I didn’t know what I thought of you, but now I think you’re great.
Well done Ron Kuby.
Candles in the Rain is indeed a song by a writer performer called Melanie. She was young and beautiful when she sang it. She’s old now. Even older than me. It was a hippie anthem and one of the great Woodstock moments. They made a video for it many years before MTV. Here it is. It reminds me of the Donziger crusade.
Then someone handed me a big basket with candles and asked me to hand them out to the rest of the crowd that didn’t have them yet. Me of all persons. So I was handing out candles and helping people light them … during this solemn vigil … when all I could think about was the use of completely justified violence; a real insurrection, not the wimpy January 6 one; and war. There you go.
But everybody got a candle. And it looked like this:
Kuby made his rounds and then came back to me to shake my hand and tell me he was leaving.
Good bye Mr. Kuby. I don’t know if we’ll ever meet again.
Then an older cop started yelling for the people to “disperse.” I walked up to him. You see cops and fascists generally like me because I look like them. I’m big. 6’4” tall and weigh 250 pounds. I lost my hair so my head is shaved. And I am so white.
So I told the cop.
Listen … don’t worry about these guys. They’re all professionals and old or children. Environmentalists. They’re not radical like Antifa or BLM.
I don’t know why saying its wrong for cops to shoot innocent black people is radical. I don’t know why being opposed to fascists is radical either. But America is shit senseless (TM) and I wanted to soothe the cop.
But the cop would have none of it. The old cop growled:
I know these people. They don’t have a permit.
For cops all over America Chevron, pollution and cancer are law and order. So is choking someone to death.
In any event I am not part of the Donziger crowd. I am not even on the fringe of the Donziger crowd. I have nothing in common with the Donziger crowd or anyone in America. I believe in the God of Physics and Velocity. I believe in the ultra violence. They don’t.
But I will tell you this. If this country will ever be just and fair … it never really was just and fair – we’re going to have to spill a lot of blood of tyrants and patriots. Or some other country -- or virus -- will do it for us and to us.
I strayed … let me get back to the scholarly essay I was writing:
How do Judges get away with extreme corruption and literal murder in the United States every single day? It’s called “immunity.” No matter how evil a judge intentionally acts you cannot sue that judge. And good luck getting rid of the judge. Judge Kaplan is a life time appointee. The only way to get rid of Judge Kaplan would be impeachment. Sure. Like that would ever really happen.
THE DEGENERATE HISTORY OF JUDICIAL IMMUNITY
When I was fifteen years old, I had a real bad pain on my right side. . . . [I] was admitted into the hospital and my mother told me I was going in for an appendectomy. . . . Then the shots came. I kept hearing the nurses say, “make sure she is really out. If she finds out what’s really going on, she will run.” This all took place in a small room. I can remember the men all in their green gowns. They laid me on the table. I was crying for my mom but she wasn’t there. I saw this door that had two windows and I looked up to yell again, and when I did, a man in a green gown put a black mask on my face and told me to count backwards. Everything went black.
Linda Spitler was sterilized pursuant to an ex parte court order that her mother had obtained a few days earlier from Judge Harold D. Stump of the DeKalb County Circuit Court in Auburn, Indiana. Years later, Linda married Leo Sparkman and learned of her condition after failing to conceive a child.
Linda Spitler sued the judge, her mother, and the physicians involved in the sterilization in federal court for violating her civil rights and other abuses. One would think that it was an open and shut case. You cannot just go around sterilizing citizens without their consent. This is – after all – America … Home of the free.
The problem is that this is America. And horrible things that aren’t supposed to happen are the norm in America. In fact some might say that
this whole county is a horrible thing that wasn’t supposed to happen.
So the trial court dismissed Linda Spitler’s suit before any trial, reasoning that Judge Stump was clothed with absolute judicial immunity and that his elimination from the case removed the necessary element of state action, requiring dismissal of the private defendants as well. It was shit senseless. (TM)
Sparkman – the husband that could not conceive a child with his beloved wife Linda because of this Nazi like American atrocity – took the question of the judge’s immunity all the way to the Supreme Court of the United States. I have demonstrated this Court to be a very evil place that makes it possible for nut cases that abound in America to use assault rifles to kill little children in their school class rooms. See below:
Ultimately, the Supreme Court held that judges acting within their jurisdiction are absolutely immune from liability for their judicial acts, even if their exercise of authority is done maliciously or flawed by the commission of grave procedural errors. Stump v. Sparkman, 435 U.S. 349, 364 (1978). It was a shit senseless decision. You see we are a country of Nazis, but it is just getting started.
The judicial immunity doctrine began in the Supreme Court’s 1871 decision, Bradley v. Fisher. 80 U.S. (13 Wall.) 335 (1871). Bradley was the defense counsel for John Surratt, one of the accused co-conspirators in Abraham Lincoln’s assassination. [Everybody deserves a defense] Judge Fisher had disbarred Bradley from practicing before the Supreme Court of the District of Columbia for allegedly insulting and threatening to assault him during Surratt’s trial. I like this guy Bradley already.
The Supreme Court of the United States, on a writ of mandamus, held that Judge Fisher, a judge in the criminal court, acted in excess of his jurisdiction to disbar Bradley from the Supreme Court of the District of Columbia and ordered his reinstatement.
Judge Kaplan probably knew about this case because he did not have Steven Donziger disbarred. Rather Kaplan had his brethren miscreants at the Appellate Division of the First Department do that, after he tipped them off that Donziger did some bad things -- according to a corrupt judge that Chevron paid millions of dollars to and who later admitted he lied.
No … No … Kaplan did not tell the First Department the part in italics – I don’t think … at least not formally … but maybe at a party over some drinks and a good laugh:
hey I really fucked that guy up shit senseless. (TM) You don’t sue Chevron – they’re important because they sell lubricants.
Anyway Bradley – after his license was restored – brought an action for money damages against Judge Fisher. The Supreme Court of the United States denied Bradley’s claim for damages, announcing a sweeping rule of absolute immunity for judges in their official capacity. Distinguishing judicial acts “in excess of jurisdiction” from judicial acts taken “with clear absence of all jurisdiction,” Justice Field wrote that “judges . . . are not liable to civil actions for their judicial acts, even when such acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly.” In other words judges are immune from all civil liability for any judicial act, unless there is “a clear absence of all jurisdiction over the subject matter.”
Justice Field justified this broad rule on three grounds: its alleged longstanding existence in Anglo-American common law, its necessity in protecting judicial independence, and the existence of alternative means, such as appeal and impeachment, as adequate for redressing litigant grievances.
Of course if you Appeal a Decision of the Southern District in favor of a powerful corporation in the Second Circuit the Second Circuit will deny your appeal and threaten you with sanctions. And once again good luck getting anyone impeached as we have seen twice as of late.
So Field was blowing smoke and hot air as most miscreant judges will do from time to time or perhaps all of the time. Field was an ass clown. (TM)
Finally poor Linda Spitler could never recover her ability to bear a child through an Appeal.
The first state to pass a compulsory sterilization law was Indiana, where the events that gave rise to Stump v. Sparkman occurred. The 1907 law provided compulsory sterilization for “criminals, idiots, imbeciles and rapists.” The Indiana Supreme Court overturned the law in the 1921 case of Williams v. Smith, finding it unconstitutional under the Fourteenth Amendment because it lacked procedural safeguards.
But Indiana is a conservative Christian state so it passed another compulsory sterilization law in 1927 – this time with procedural safeguards including notice, hearing, and appeal rights. Indiana’s program included identifying the state’s “feebleminded.” Most of the individuals designated were among the rural poor. Nice stoic good Christian stock in Indiana. Nary a Moslem in sight.
In the same year, the United States Supreme Court upheld Virginia’s compulsory sterilization law in Buck v. Bell, 274 U.S. 200 (1927). According to the Court, Carrie Buck was “a feeble minded white woman who was committed to the State Colony . . . She is the daughter of a feeble minded mother in the same institution, and the mother of an illegitimate feeble minded child.” The Court took pains to describe her as “white” – almost like saying “hey we do evil things to white people too, so don’t complain dark person.”
However like Linda Spitler, although described as “feeble minded,” Carrie Buck had no cognitive disabilities and neither did her daughter. She did bear an “illegitimate” child, but so what. [So did my girlfriend – we weren’t married yet – and we have a wonderful son who received numerous scholarships to colleges and is an All County Quarterback] [John Snow in Game of Thrones was “illegitimate” because his parents never married] Further Carrie Buck’s pregnancy resulted from a rape by the nephew of her foster parents. The Supreme Court, in an 8–1 decision written by Justice Oliver Wendell Holmes, upheld the law’s constitutionality, noting that it was necessary to prevent “being swamped with incompetence.” Holmes famously pronounced: “Three generations of imbeciles are enough.”
Like most judges from time to time or nearly all of the time Holmes was lying when he wrote Buck v. Bell.
Funny but it is a small world. As described it was the assassination of Lincoln that gave rise to judicial immunity. The above Oliver Wendell Holmes – author of Buck v. Bell – once called President Lincoln an “imbecile” to his face – the same term he falsely used to describe the Buck women. It was during the defense of a fort right outside Washington against invading confederates – not January 6, 2021 but back in 1864. Lincoln stood on the parapets – with the characteristic tall black stove top hat – as bullets whizzed by him killing officers. Holmes a very young private yelled at Lincoln to “take cover you imbecile.” Apparently Holmes loved the word “imbecile.” Perhaps he was the real “imbecile.” He was certainly a miscreant and an ass clown.(TM)
Oh my goodness will I get in trouble for saying that about a revered Justice of the Supreme Court.
With the Supreme Court’s approval of sterilizations, the practice became common place. Between 1907 and 1931, twenty-seven states passed sterilization laws.
Sterilizations of people with mental disabilities were permitted throughout the twentieth century. For example, Indiana’s 1927 sterilization law was amended several times and not repealed until 1974, three years after Linda Spitler’s sterilization. Indiana’s law was a “benchmark for the rest of the nation,” with more than thirty states following its lead and passing compulsory sterilization laws. State compulsory sterilization laws targeted different kinds of people. Some states identified the “crippled, blind, degenerate, and deficient,” while others picked “paupers and the criminalistic.” Historian Paul Lombardo explains, “[I]n all states those most likely to be sterilized were poor people living in state institutions.” Many of the people subject to these laws were considered “poor white trash” or “misfits” by social workers or doctors. The term “feeble minded” was a catchall linked as closely to poverty and perceived antisocial behavior as actual mental disability. As one commentator explains, “Often, these authorities never actually tested the victims for mental disability.”
“A Sordid Case”: Stump v. Sparkman, Judicial Immunity, and the Other Side of Reproductive
Rights, Laura T. Kessler, 74 Md. L. Rev. 833 (2015).
As a result of the miscreants that decided Buck v. Bell 70,000 Americans were forcibly sterilized during the 20th century. The victims of this state-sponsored sterilization included people who had been labeled "mentally deficient;" as well as the deaf, blind or diseased. Minorities and poor people were frequently the target of these – scalpels cutting into genitals – forced sterilizations. Women that were accused of being "promiscuous" were also a favorite focus of the butchery. The true mentally deficient were rarely targeting as evidenced by the fact that there were people who passed these laws; courts that enforced them; and doctors and nurses that performed the procedures.
America was NAZI before there were NAZIs.
And we're still doing it:
It wasn’t until years after Kelli Dillon went into surgery while incarcerated in the California state prison system that she realized her reproductive capacity had been stripped away without her knowledge.
In 2001, at the age of 24, she became one of the most recent victims in a history of forced sterilizations in California that stretches back to 1909 and served as an inspiration for Nazi Germany’s eugenics program.
But now, under new provisions signed into California’s budget this week, the state will offer reparations for the thousands of people who were sterilized in California institutions, without adequate consent, often because they were deemed “criminal”, “feeble-minded” or “deviant”.
The investigations sparked by her case, which is featured in the documentary Belly of the Beast, showed hundreds of inmates had been sterilized in prisons without proper consent as late as 2010, even though the practice was by then illegal.
Try suing the United States Supreme Court. I believe they believe they are immune.
Many years ago a young Roger Waters spoke to God when he wrote this:
Tired of lying in the sunshine, staying home to watch the rain.
You are young and life is long, and there is time to kill today
And then one day you find ten years have got behind you
No one told you when to run, you missed the starting gun
And you run, and you run to catch up with the sun but it's sinking
Racing around to come up behind you again
The sun is the same in a relative way but you're older
Shorter of breath and one day closer to death
Every year is getting shorter, never seem to find the time
Plans that either come to naught or half a page of scribbled lines
What kind of genius writes that as a young man?
Forty years – not a mere ten – have gone behind me and it seems I’ve missed the starting gun. Now every year is literally shorter. Days are like moments. And all my plans have come to naught.
My parents have both passed: my father horribly from cancer. I still can’t cry for my mother because it hurt so badly. My niece who was raised as my little sister died in that surreal January of 2021 – she was so young … A victim of the opioid crisis … And a federal court is letting the billionaires who caused it off the hook. My son has gone off to college. And I really don’t get along with anyone and I never will. “Bipolar with rage overlay” I’m told by the medical profession. I don’t believe in medications for that sort of thing.
I am who I am supposed to be: a fucking mutant.
As a song from the 90s said “I have become cumbersome.”
The Donziger movement is fond of saying … and it is totally true … that Chevron and friends are persecuting Donziger to stop people from going after Chevron and the other planet wreckers in the future.
Except for my child I really don’t care about the planet anymore. I’d like it to be nice as possible in his life time. But the beauty will die. The species will go extinct. And so will we … It is inevitable. When you’re going to die soon anyway you can accept the death of the entire planet once your progeny has left it.
But the sun will burn for billions more years. And in a geological blink of time all vestiges of us will be gone. Life will begin anew. And from rats and roaches beauty will once again rise. Maybe this time nature will get it right and human like creatures will never be born. Then the sun will go supernova … and so on and so forth until even the atoms decay (in 20 billion years -- give or take a year or two) and there is quite literally nothing.
It was all so shit senseless. (TM) Wasn’t it?
For me in my days still left I am going to try to walk in Donziger’s shoes so that maybe Chevron and friends come after me. And on my last day I will show them the God of Physics and Velocity. I have nothing better to do with my time. And I don’t have a single thing to lose anymore … do I.
Mike Wirth a.k.a. The New Hitler and Chevron CEO: Murder By Numbers $$$ (What a dick)(He is very mortal and needs to be shown God)
Meanwhile as Monty Python told us in The Life of Brian – “Look on the bright side of life”
Oh my … I utterly failed to write a scholarly piece.
Post Script: On July 26, 2021 Judge Preska convicted Steven Donziger. He awaits his sentencing and appeal under continued house arrest. People are dying of Chevron cancer in Ecuador, Nigeria and the United States. America has been a fascist nation for decades. But July 26, 2021 is the official date when America became fascist.
Let the war begin. “War means fighting, and fighting means killing.” (Confederate cavalry commander Nathan Bedford Forrest – a famous fascist American Hero and slave trader declared)
I am not your rolling wheels I am the highway I am not your carpet ride I am the sky
I am not your blowing wind I am the lightning I am not your autumn moon I am the night The night
Chris Cornell (RIP)