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  1. Jan 2019
    1. there the advocate cannot prejudge the case lest he threaten both jus-tice and his own livelihood

      Proponents of legal realism would disagree. An example would be Oliver Wendell Holmes in Buck v. Bell, which decided it was constitutional for a state to sterilize purported mentally disabled people against their will, even though this has NO constitutional basis whatsoever. The outcome of the case was determined before the briefs were ever filed because Holmes and other eugenicists decided the outcome that was supposedly best for society regardless of constitutional protections for freedom, liberty, and cruel and unusual punishment.