1927 US Government Supreme Court Case of Buck vs. Bell

[Name of the Institute]

Abstract

This research paper discusses a case 'Buck v. Bell' brought before Supreme Court of Virginia in 1927. The rulings of the case allowed sterilization of mentally unfit people. In this paper, summary of the case is discussed. Additionally, Eugenics Movement and its role in the case is highlighted. The current legal status of sterilization in US and the applicability of genetics in making legal decision are discussed.

Contents

Abstractii

Introduction1

Discussion1

Summary of Case1

Eugenic movement2

Role of Eugenic Movement in Buck vs. Bell Case2

Holme's Statement's Explanation3

Impact on Eugenics, particularly enforced sterilization, in the years following the Supreme Court's findings in the Buck v. Bell case3

Current legal status of enforced sterilization in the U.S.4

Sufficiency of the study of genetics, especially heredity, to justification of making decisions such as those imposed on Carrie Buck4

Using Genetics as the basis for legal decision5

Conclusion5

References7

1927 US Government Supreme Court Case of Buck vs. Bell

Introduction

A case called Buck vs. Bell was brought before Supreme Court in Virginia in 1927. Carrie Buck was made as the target for sterilization due to her feeblemindedness. The Supreme Court ruled in favor of the law of enforced sterilization. It gave permission to the state of Virginia to sterilize citizens who were considered as mentally or genetically unfit. At that time, several people believed and several were made to believe that feeble mindedness was genetically transferred from one generation to the other. Sterilization was considered to be a solution for this problem. Upholding of sterilization gave a green signal to several other states. These states sterilized thousands of citizens without their permission.

Discussion

Summary of Case

In the Buck vs. Bell Case, Carrie Buck was a feeble-minded woman. She was admitted to a mental institution. She had an illegal child. Under law of Virginia, it was allowed to sexually sterilize people of that institution in order to promote patient's health and welfare of society. Before the application of the procedure, an official hearing was needed to find out whether the operation was a wise thing to do or not. She argued that the law related to sterilization was an unconstitutional violation of substantive due process because she had the basic right to procreation (Dorr, 2013). The Supreme Court of US found that there was no right held by the woman to procreation. Therefore, Buck vs. Bell 274 US 200 (1927) was a decision that said that such an sterilization did not violate constitution. The case never got explicitly overruled. However, in the past few decades, state and federal courts have severely questioned and criticized the legal reasoning for the decision.

Eugenic movement

Eugenic movement is a movement established to enhance genetics of human beings by the societal control of human reproduction, supported by the assumption that changes in character, intelligence, and temperament of human beings are mainly due to differences in heredity.

Role of Eugenic Movement in Buck vs. Bell Case

There is a strong role of Eugenic Movement in the 1972 Supreme Court case of Buck vs. Bell. Eugenics which is ...