Category Archives: Constitution

Connecticut Supreme Court: Tying a 17 Year Old To a Bed And Injecting “Poison” Into Her Body Against Her Will Is A-OK

Image credit: Hartford Courant

Image credit: Hartford Courant

In a stunning, tyrannical ruling, the Supreme Court of Connecticut has ruled that the Department of Children and Families has acted correctly in ruling that a 17 year old girl from Windsor Locks, identified in court documents as “Cassandra C”, was right in taking her from her home and forcing her to undergo chemotherapy for Hodgkin’s Lymphoma:

A 17-year-old Connecticut girl with a highly curable cancer is not mentally competent to make her own medical decisions and will continue to receive the chemotherapy treatments she’s battled to halt, the Connecticut Supreme Court ordered Thursday.

Chief Justice Chase T. Rogers ruled that the teen — listed only as Cassandra C. in legal records — is not mature by any standard.

That means Cassandra will remain at a Hartford hospital, in the temporary custody of child-welfare workers, and will receive her full course of chemotherapy to treat Hodgkin lymphoma. Doctors have said her odds at recovery are 80 to 85 percent with chemo, but that she will die without it.

(…)

In an interview Wednesday with NBC News, (Mother Jackie) Fortin denied pressuring her daughter into her decision to forgo chemo.

“I am not coercing her at all and that is what this is about, what they think I am doing,” Fortin said.

Cassandra simply does not want to be infused with “toxic” chemicals, Fortin added.

“My daughter does not want poison in her body. This is her constitutional right as a human being,” Fortin told NBC News. “She is almost 18. [Her birthday is nine months away]. If she was 18, I don’t think this would be an issue. She is not 10. She is over 17. She is very bright, very smart.”

In a Hartford Courant editorial, Cassandra told her own side of the story. Her description of what she went through when DCF got involved is surreal and gut-wrenching:

In December, a decision was made to hospitalize me. I didn’t know what was going to happen, but I did know I wasn’t going down without a fight.

I was admitted to the same room I’m in now, with someone sitting by my door 24/7. I could walk down the hallway as long as security was with me, but otherwise I couldn’t leave my room. I felt trapped.

After a week, they decided to force chemotherapy on me. I should have had the right to say no, but I didn’t. I was strapped to a bed by my wrists and ankles and sedated. I woke up in the recovery room with a port surgically placed in my chest. I was outraged and felt completely violated. My phone was taken away, the hospital phone was removed from my room and even the scissors I used for art were taken.

I have been locked in this hospital for a month, missing time from work, not being able to pay my bills. I couldn’t celebrate Christmas and New Year’s with my friends and family. I miss my cat and I miss fresh air. Having visitors is complicated, seeing my mom is limited, and I’ve not been able to see all of the people I’d like to. My friends are a major support; I need them. Finally, I was given an iPad. I can message my friends on Facebook, but it is nowhere near like calling a friend at night when I can’t sleep or hearing someone’s voice to cheer me up.

This experience has been a continuous nightmare. I want the right to make my medical decisions. It’s disgusting that I’m fighting for a right that I and anyone in my situation should already have. This is my life and my body, not DCF’s and not the state’s. I am a human — I should be able to decide if I do or don’t want chemotherapy. Whether I live 17 years or 100 years should not be anyone’s choice but mine.

Hodgkin’s Lymphoma is 80-85% curable with chemotherapy, but likely fatal without it.

I need to put forth some of my own perspective on Connecticut’s Department of Children and Families. Growing up poor in Connecticut, DCF was never, EVER the “good” guy. Even in cases where intervention to protect a child was warranted, DCF was viewed by everyone I knew as nothing short of terrorists. They were often called in by people who did not have a child’s best interests in mind – often by a former boyfriend/girlfriend of a single parent to “get back” at their ex – and were known to forcefully remove children from their houses and homes, putting them in a foster care environment that is comparable to prison, with all of the social issues (read: constant larceny, constant beatings, and constant sexual abuse by both peers and superiors) that entailed. The threat of DCF coming into my life was a constant for the child of a single mother that worked full time, and led to other consequences in my life that I will tell publicly at a later time. To put it bluntly: DCF was basically the Ministry of Love in our eyes, and rightly so.

Their actions in this case justify that mindset. They took a 17 year old girl out of her house – someone who can legally enlist to fight in a war – and blew away any idea of a mature minor1, judging her too immature – in a state where the sexual age of consent is sixteen – to reject medication that they are forcing her to take by strapping her wrists and ankles to a bed, drugging her, and sticking a pipe in her chest to inject, while removing any form of communication with her family and friends. You know, for her own good. Just One Child™, and all that.

So she can enlist to get shot at in our (illegal) wars, she can have sex with whoever she wants, and she can work. But she can’t say that she doesn’t want something she’s called “poison” to be forcefully injected into her body by a state that is keeping her prisoner and abusing her Constitutional rights.

The mindset of the state – assuming anyone has any good intentions beyond simply exerting their authority – is likely that she will thank them in twenty to thirty years. This assumes that her fears of not being able to give birth, or that her fears of other side effects, do not come true. The quality of Cassandra’s medical care has been atrocious. Now, she would be right to distrust the state for any reason. She was terrorized by people who ostensibly have her best interests in mind, and has been routinely degraded in demeaned in the one way no one should be: by losing total bodily autonomy. She has had her dignity permanently destroyed, and I would not blame her, or her mother, for leaving the state of Connecticut forever, if they haven’t been put on some No Fly List for daring to cross a few bureaucrats.

This is pure fascism. Hateful, evil fascism. There is no other way to put it. And I am ashamed to say I live here right now.

1 – From a legal perspective, Cassandra, her mother, and her lawyers did not assert the mature minor doctrine, which asserts that minors as young as 15 can make their own medical choices without authorization or knowledge of their parents, though the American Civil Liberties Union of Connecticut mentioned it in their amicus brief (PDF). Connecticut is not one of the states that has codified a mature minor doctrine into law. DISCLOSURE: I am a member of the Connecticut ACLU.

Christopher Bowen covered the video games industry for eight years before moving onto politics and general interest. He is the Editor in Chief of Gaming Bus, and has worked for Diehard GameFan, Daily Games News, TalkingAboutGames.com and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.

The Minimum Wage Lie

fast-food-workers-strike-may

When “progressives” say “the minimum wage hasn’t kept up with inflation”, they’re lying.

Not shading, the truth, exaggerating, or interpreting things differently… they are flat out lying.

… And what’s more, the ones who made up the lie in the first place, know they’re lying (the rest mostly just parrot what they’ve been told).

What exactly would “keeping up with inflation” mean?

The minimum wage has been $7.25 an hour since 2009.

In 1938, when the federal minimum wage was established, it was $0.25 an hour. In constant dollars (adjusted for inflation) that’s $4.19 as of 2014.

So, not only has the minimum wage kept up with inflation, it’s nearly doubled it.

Ok.. well what about more recently?

Minimum wage 15 years ago in 2000: $5.15, or $7.06 in constant dollars

Minimum wage 20 years ago in 1995: $4.25, or $6.59 in constant dollars.

Minimum wage 25 years ago in 1990: $3.80, or $6.87 in constant dollars.

Minimum wage 30 years ago in 1985: $3.30, or $7.25 in constant dollars.

Funny… that’s exactly what it is today… How shocking.

So, for 30 years, the minimum wage has not only kept up with inflation, for most of that time it’s been ahead of it.

So, how are they lying?

The way “progressives” claim minimum wage hasn’t been “keeping up with inflation”, is by comparing today, with the highest level it has ever been; almost 50 years ago, in 1968, when the minimum wage went to $1.60 an hour ($10.86 in constant dollars).

This was a statistical anomaly.

There’s a long and loathsome tradition of lying with statistical anomalies.

At $1.60 an hour, the minimum wage in 1968 was a huge 20% spike from what it had been just 3 years before in ’65, more than 40% above what it had been in 1960, and nearly double what it had been 12 years before in 1956 when politicians started throwing minimum wage increases faster and bigger (again, all in constant dollar terms. The minimum wage at the beginning of 1956 was about $6.30 in constant dollars)

In constant dollar terms, the minimum wage today, is about the same as it was in 1962 (and as I showed above, 1985).

It just so happens that from 1948 to 1968 we had the single largest wealth expansion over 20 years, seen in the history of the nation (about 5-8% annual growth)… Which then crashed hard starting at the end of ’68.

From 1968 to 1984, the U.S. had 16 years of the worst inflation we ever saw, and the purchasing power of ALL wages fell significantly, as wages failed to come even close to keeping up with inflation (we saw 13.5% inflation in 1980 alone, which is about what we see every 4 years today).

It took until 1988 for real wages to climb back to their 1968 constant dollar level, because we were in a 20 year long inflationary recession, complicated by two oil shocks and a stock market crash (actually a couple, but ’87 was the biggest one since ’29).

However, the minimum wage was boosted significantly in that time period, far more than other wages rose, and stayed above the 1962 water mark until the end of that high inflationary period in 1984, declining slightly until 1992, then spiking and declining again until 1997 etc… etc…

By the by… household income in 1968? appx. $7,700, which is about the same as today in constant dollar terms… About $51,0000 (about 8% more than it was in 1967, at $47k). Which is almost exactly what it was in 1988 as well. Household income peaked in 1999 and 2007 at around $55,000, and troughed in 1975 at around $45,000

Of course, income was on a massive upswing from 1948 to 1968 (and in fact had been on a massive upswing overall since 1896 with the exception of 1929 through 1936). In 1941 household income was about $1500 ($24,000 constant), in 1948 $3,800 ($37,000 constant).

Like I said, it was the single greatest expansion in real income and wealth over a 20 year period, in American history.

1968 was a ridiculous historical anomaly… Not a baseline expectation.

So, From 1964 to 1984, the minimum wage was jacked artificially high (proportionally far above median wage levels), and “progressives” chose to cherry pick the absolute peak in 1968 from that part of the dataset, in order to sell the lie.

A living wage?

As to the minimum wage not being a living wage… No, of course its not. It never was, its not supposed to be, and it never should be.

The minimum wage is intended to be for part time, seasonal workers, entry level workers, and working students.

Only about 4% of all workers earn the minimum wage, and less than 2% of full time workers earn the minimum wage.

Minimum wage is what you pay people whose labor isn’t worth more than that. Otherwise everyone would make minimum wage. But since 98% of full time workers can get more than minimum wage, they do so.

What should the minimum wage be?

Zero.

Wait, won’t everyone become poor suddenly?

No, of course not. Literally 98% of full time workers already get more than minimum wage. If we abolished the minimum wage, most of them wouldn’t suddenly be paid nothing.

Wages should be whatever someone is willing to work for. If you’re willing to work for $1, and someone else isn’t, you get the job. On the other hand, if an employer is offering $10 and no-one is willing to take the job for that, they need to offer $11, or $12, or whatever minimum wage someone is willing to take.

If you don’t want to work for $7.25 an hour, don’t take the job. If nobody offers you more than that, too bad, but that’s all your labor is worth.

If you are willing to work for someone for $7.00, and they’re willing to pay you $7.00, what right does some “progressive” have to tell either of you, that you can’t work for that much?

No-one is “exploiting the workers”, if those workers took the jobs voluntarily, and show up for work voluntarily… If all you can find is a job for less than what you want to work for, you’re not being exploited, THAT’S ALL YOUR LABOR IS WORTH TO THOSE EMPLOYERS.

You may think your labor worth more, but things aren’t worth what you want them to be worth, they’re only worth what someone else is willing to pay for them.

But let’s be generous…

All that said, I don’t think we’ll be able to eliminate the minimum wage any time soon.

So, to those “progressives” who would say “let’s make the minimum wage keep up with inflation”, I agree wholeheartedly… Let’s make it $4.19.

Oh and if you don’t believe me on these numbers, they come from the department of labor, the department of commerce, and the census. If I’m lying to you, it’s with the governments own numbers… the same ones “progressives” are lying to you with. 

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Know Your Rights

Before going out this New Year’s Eve, check out this infographic. The cops will be out; be sure you know your rights.

(Click to enlarge)

Know Your Rights
Source: Online-Paralegal-Programs.com

Happy New Year!

Gun Control and Electoral Math – The Scoreboard

Two years ago, I wrote a piece about electoral math and gun control, and how it was unlikely that we would have any serious national level gun control… and we have not (state level is another story unfortunately).

In that, I included a list of democratic senators who were up for re-election this year, their position on gun control, and how “at risk” their seat was:

Stupidity, Politics, and Electoral Math

So, now that we have the results of all of their elections, let’s see what the last two years hath wrought among them:

XX = Unelected (or resigned and replaced by Republican)

  1. XX – Alaska – Mark Begich – Very Pro Gun – very unsafe seat
  2. XX – Arkansas – Mark Pryor – neutral – very unsafe seat
  3. XX – Colorado – Mark Udall – neutral – not a safe seat
  4. Delaware – Chris Coons – Very anti-gun – safe seat
  5. Hawaii – UNKNOWN (special election to replace Daniel Inouye) – safe seat
  6. Illinois – Dick Durbin – Very anti-gun – safe seat
  7. XX – Iowa – Tom Harkin – Very anti-gun – iffy, can’t afford to screw up
  8. XX – Louisiana – Mary Landrieu – neutral – very unsafe seat
  9. Massachusetts – UNKNOWN (special election to replace John Kerry) – safe seat
  10. Michigan – Carl Levin – very anti-gun – safe seat
  11. Minnesota – Al Franken – very anti-gun – not a safe seat
  12. XX – Montana – Max Baucus – very pro-gun – iffy, can’t afford to screw up
  13. New Hampshire – Jeanne Shaheen – very anti-gun – not a safe seat
  14. New Jersey – Frank Lautenberg – very anti-gun – safe seat
  15. New Mexico – Tom Udall – slightly anti-gun – safe seat
  16. XX – North Carolina – Kay Hagan – very anti-gun – not a safe seat
  17. Oregon – Jeff Merkley – very anti-gun – safe seat
  18. Rhode Island – Jack Reed – very anti-gun – safe seat
  19. XX – South Dakota – Tim Johnson – very pro-gun – very unsafe seat
  20. Virginia – Mark Warner – very pro-gun – not a safe seat
  21. XX – West Virginia – Jay Rockefeller – moderately anti-gun – very unsafe seat

Lotta XX’s there… 9 actually, out of 21 (10 of those 21 were considered safe seats, barely challenged by Republicans). Pretty much every anti-gun democrat that wasn’t in a safe seat, except Shaheen and Franken (and they’re kinda weird cases).

And THAT folks, is why we will not have any significant gun control on the national level any time soon.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

American Kim Jong Un’s Try to Silence Speech Every Day

joke braIt should come as no surprise that a petty little foreign dictator is trying to silence speech he finds offensive using threats of violence. Here in the United States, we have our own homegrown petty dictators doing their best to suppress speech they dislike every day. Like Kim, their refusal or inability to simply state their disagreement persuasively reveals them as the petulant, tyrannical little egomaniacs they are.

Preliminarily, let us dispose of the erroneous notion that there are any Constitutional implications to this issue, a confusion resulting from the sloppy substitution of the term “free speech” for the actual text of the First Amendment. Sony Picture’s difficulties do not stem from any legislative action of a U.S. government body. Sony’s rights under U.S. law to make and distribute The Interview are not in question. Sony’s difficulties arise from actions taken by hackers, perhaps connected to Pyongyang.

The First Amendment acts as a restriction on legislative action by U.S. government bodies. It does not restrict the private actions of businesses, churches, employers, property owners, criminal hackers, or petulant foreign tyrants. Hacking emails and making threats are crimes. Sony and the theater chains have the right to be protected from criminal acts. Those rights do not stem from the First Amendment.

But just because private action to suppress speech is permitted, that does not make it desirable. Nevertheless, homegrown tyrants in the U.S. increasingly resort to silencing, rather than simply persuasively voicing their disagreement with speech they find offensive.

Consider the recent case of Omar Mahmood.

Mahmood is a student at the University of Michigan. There he penned a column for the university’s conservative alternative newspaper, The Michigan Review. The essay was intended as satire mocking political correctness, victim identity politics, and “trigger warnings.”

It was called “Do the Left Thing” and accompanied by an all-caps “TRIGGER WARNING!” In the piece, Mahmood talks about “microaggressions” against left “handydnyss,” including one incident where he slipped in white-privilege snow, put out his left hand to catch himself, and was offered assistance by a white, cis-gendered m@n. In that moment, Mahmood begins to think “intersectionally” about what it is to be a left-handyd individu@l. He spurns the right-hand of assistance and the other man calls out, “I was just trying to do the right thing!” Mahmood has an epiphany about the right-handed privilege behind the words “right thing” and how the word sinister originally meant left-handed. He closes by urging people to do the “left thing” (which might be a double entendre of sorts). Read the whole thing here.

The column, as noted, ran in the conservative Michigan Review. But Mahmood was also a writer at another campus paper called The Michigan Daily. A writer at The Daily claimed to feel “threatened” by the piece. Mahmood was asked to apologize. He refused.

Shortly thereafter, he was fired based on a provision in The Daily’s bylaws that prevents students who work at The Review from also writing for The Daily unless they obtain prior permission from The Daily’s editor-in-chief. Of course, some people have speculated that Mahmood was not really fired for violating the bylaws, but rather for writing a column deemed offensive. Either way, there are no First Amendment implications. The Daily can fire writers for any reason or none at all.

But why does it want to? Why this need to punish people rather than respond to ideas? Whither this seemingly growing compulsion, not just to disagree, but to suppress and silence all speech deemed offensive?

The breadth of the problem is highlighted by what happened to Mahmood next. His off-campus apartment was vandalized with eggs, hot dogs and pictures of Satan. The aggressors printed copies of “Do the Left Thing” and left them at his door with hateful messages scrawled across: “Everyone hates you, you violent fuck;” “Shut the fuck up;” and “Do you even go here? Leave.”

image OmarDoor

Mahmood now says he wonders if he would do it all over again.

“There are times when I say to myself, ‘Hell yes, I should have written that!'” he said. “And there are times when it’s like, never in my dreams would I write it again, given the reaction I have had to deal with.”

I’ve got a whole list of triggers (though I require no warnings): group think, identity politics, collectivism, racism, statism, theocracy, the claim that women in the United States of America are persecuted, the claim that Christians in the United States of America are persecuted, Keynesian economics and Anita Sarkeesian, to name but a few.

But I never, ever feel compelled to silence the people with whom I disagree. At most, I would be satisfied with keeping their speech out of my home and my business and off my private property. I have no compulsion to make it cease existing. I am happy to simply state my disagreement, and to prove them wrong with words, logic and evidence.

Silencing is the tactic of people who are insecure in their own arguments—or incapable of making them at all. They merit no more respect for their terrorist tactics that Kim Jong Un does for his.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.
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