Today's winner of the "Idiot on the Bench" award goes to Ninth Circuit (surprise!) Judge J. Clifford Wallace. Wallace turned down an appeal for asylum from a Chinese couple who feared (rightly) forced sterilization if returned to their country.
Wallace wrote in his opinion:
While one may condemn the way Xu (Ming Li) was treated as inconsistent with human rights, we cannot say that the record compels us to conclude that her treatment was an 'extreme form of cruel and inhuman treatment,' or that she would likely face such treatment on her return.
What treatment did Xu experience?
At the exam, she was held down while a doctor examined her "private parts,'' Xu, then 19, said according to court records.
Xu said she was told she would receive similar tests in the future, and if found pregnant, would be subject to an abortion. She said officials told her her boyfriend, Xin, then 21, could also be sterilized.
"I was so scared. I was yelling. I was making noises,'' Xu said, according to court documents, adding that officials threatened her, "For the rest of your life you cannot have child.''
You'd think that a court based in San Francisco -- where "choice" is practically a religion -- that a woman in danger of having her choice taken away from her would be immediately granted asylum.
Well, you'd think that, except for the fact that that Xu's choice isn't the PC one.
Li told him to stop interfering, and that she planned to have many babies with her boyfriend.