Important remnatnts of the evolution-eugenics approach exist today, in part because many of Justice Holmes' opinions are still controlling law. The very first quote in the infamous [[Roe v. Wade]] abortion decision is an unprincipled statement of Justice Holmes in a 1905 opinion. Indeed, Holmes once wrote favorably in a letter to a future Supreme Court Justice about "restricting propagation by the undesirables and putting to death infants that didn't pass the examination.<ref>Holmes, Oliver Wendell, Jr. (September 3, 1921). "Letter to Felix Frankfurter". For a detailed criticism of Justice Holmes' judicial Darwinism, see Professor Albert W. Alschuler's ''Law Without Values: The Life, Work, and Legacy of Justice Holmes'' (Univ. of Chicago Press 2000).</ref> | Important remnatnts of the evolution-eugenics approach exist today, in part because many of Justice Holmes' opinions are still controlling law. The very first quote in the infamous [[Roe v. Wade]] abortion decision is an unprincipled statement of Justice Holmes in a 1905 opinion. Indeed, Holmes once wrote favorably in a letter to a future Supreme Court Justice about "restricting propagation by the undesirables and putting to death infants that didn't pass the examination.<ref>Holmes, Oliver Wendell, Jr. (September 3, 1921). "Letter to Felix Frankfurter". For a detailed criticism of Justice Holmes' judicial Darwinism, see Professor Albert W. Alschuler's ''Law Without Values: The Life, Work, and Legacy of Justice Holmes'' (Univ. of Chicago Press 2000).</ref> |