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"Three generations of imbeciles are enough."
This was on TV last night. The quote comes from a Sureme Court decision written by Oliver Wendell Holmes.
Buck v. Bell
Buck v. Bell, 274 U.S. 200 (1927), is a decision of the United States Supreme Court, written by Justice Oliver Wendell Holmes, Jr., in which the Court ruled that a state statute permitting compulsory sterilization of the unfit, including the intellectually disabled, "for the protection and health of the state" did not violate the Due Process clause of the Fourteenth Amendment to the United States Constitution. The Supreme Court has never expressly overturned Buck v. Bell.
Background
The concept of eugenics had been put forward in 1883 by Francis Galton, who also coined the name. The trend first became popular in the United States, and found proponents in Europe by the start of the 20th century; 42 of the 58 research papers presented at the First International Congress of Eugenics held in London in 1912, were from American scientists. Indiana passed the first eugenic sterilization statute (1907), but it was legally flawed. To remedy this situation, Harry Laughlin of the Eugenics Record Office (ERO) at the Cold Spring Harbor Laboratory, designed a model eugenic law that was reviewed by legal experts. In 1924 the Commonwealth of Virginia adopted a statute authorizing the compulsory sterilization of the intellectually disabled for the purpose of eugenics. This 1924 statute was closely based on Laughlin's model. Looking to determine if the new law would pass a legal challenge, on September 10, 1924 Dr. Albert Sidney Priddy, superintendent of the Virginia State Colony for Epileptics and Feebleminded, filed a petition to his Board of Directors to sterilize Carrie Buck, an 18-year-old patient at his institution who he claimed had a mental age of 9. Priddy maintained that Buck represented a genetic threat to society. According to Priddy, Buck's 52-year-old mother possessed a mental age of 8 and had a record of prostitution and immorality. She had three children without good knowledge of their paternity. Carrie, one of these children, had been adopted and attended school for five years, reaching the level of sixth grade. However, according to Priddy, she had eventually proved to be "incorrigible" and eventually gave birth to an illegitimate child. Her adopted family had committed her to the State Colony as "feeble-minded", no longer feeling capable of caring for her. It was later discovered that Carrie's pregnancy was not caused by any "immorality" on her own part. In the summer of 1923, while her adoptive mother was away "on account of some illness," her adoptive mother's nephew raped Carrie, and Carrie's later commitment has been seen as an attempt by the family to save their reputation.
The case
While the litigation was making its way through the court system, Priddy died and his successor, Dr. John Hendren Bell, took up the case. The Board of Directors issued an order for the sterilization of Buck, and her guardian appealed the case to the Circuit Court of Amherst County, which sustained the decision of the Board. The case then moved to the Supreme Court of Appeals of Virginia.
The appellate court sustained the sterilization law as compliant with both the state and federal constitutions, and it then went to the United States Supreme Court. Buck and her guardian contended that the due process clause guarantees all adults the right to procreate which was being violated. They also made the argument that the Equal Protection Clause in the 14th Amendment was being violated since not all similarly situated people were being treated the same. The sterilization law was only for the "feeble-minded" at certain state institutions and made no mention of other state institutions or those who were not in an institution.
On May 2, 1927, in an 8–1 decision, the Court accepted that she, her mother and her daughter were "feeble-minded" and "promiscuous," and that it was in the state's interest to have her sterilized. The ruling legitimized Virginia's sterilization procedures until they were repealed in 1974.
The ruling was written by Oliver Wendell Holmes, Jr. In support of his argument that the interest of "public welfare" outweighed the interest of individuals in their bodily integrity, he argued:
Holmes concluded his argument by declaring that "Three generations of imbeciles are enough". The sole dissenter in the court, Justice Pierce Butler, a devout Catholic, did not write a dissenting opinion.
Carrie Buck was operated upon, receiving a compulsory salpingectomy (a form of tubal ligation). She was later paroled from the institution as a domestic worker to a family in Bland, Virginia. She was an avid reader until her death in 1983. Her daughter Vivian had been pronounced "feeble minded" after a cursory examination by ERO field worker Dr. Arthur Estabrook. According to his report, Vivian "showed backwardness", thus the "three generations" of the majority opinion. It is worth noting that the child did very well in school for the two years that she attended (she died of complications from measles in 1932), even being listed on her school's honor roll in April 1931.
Historian Paul A. Lombardo argued in 1985 that Buck was not "feeble-minded" at all, but that she had been put away to hide her rape, perpetrated by the nephew of her adoptive mother. He also asserted that Buck's lawyer, Irving Whitehead, poorly argued her case, failed to call important witnesses, and was remarked by commentators to often not know what side he was on. It is now thought that this was not because of incompetence, but deliberate. Whitehead had close connections to the counsel for the institution and to Priddy. Whitehead was a member of the governing board of the state institution in which Buck resided, had personally authorized Priddy's sterilization requests, and was a strong supporter of eugenic sterilization.
Buck v. Bell, 274 U.S. 200 (1927), is a decision of the United States Supreme Court, written by Justice Oliver Wendell Holmes, Jr., in which the Court ruled that a state statute permitting compulsory sterilization of the unfit, including the intellectually disabled, "for the protection and health of the state" did not violate the Due Process clause of the Fourteenth Amendment to the United States Constitution. The Supreme Court has never expressly overturned Buck v. Bell.
Background
The concept of eugenics had been put forward in 1883 by Francis Galton, who also coined the name. The trend first became popular in the United States, and found proponents in Europe by the start of the 20th century; 42 of the 58 research papers presented at the First International Congress of Eugenics held in London in 1912, were from American scientists. Indiana passed the first eugenic sterilization statute (1907), but it was legally flawed. To remedy this situation, Harry Laughlin of the Eugenics Record Office (ERO) at the Cold Spring Harbor Laboratory, designed a model eugenic law that was reviewed by legal experts. In 1924 the Commonwealth of Virginia adopted a statute authorizing the compulsory sterilization of the intellectually disabled for the purpose of eugenics. This 1924 statute was closely based on Laughlin's model. Looking to determine if the new law would pass a legal challenge, on September 10, 1924 Dr. Albert Sidney Priddy, superintendent of the Virginia State Colony for Epileptics and Feebleminded, filed a petition to his Board of Directors to sterilize Carrie Buck, an 18-year-old patient at his institution who he claimed had a mental age of 9. Priddy maintained that Buck represented a genetic threat to society. According to Priddy, Buck's 52-year-old mother possessed a mental age of 8 and had a record of prostitution and immorality. She had three children without good knowledge of their paternity. Carrie, one of these children, had been adopted and attended school for five years, reaching the level of sixth grade. However, according to Priddy, she had eventually proved to be "incorrigible" and eventually gave birth to an illegitimate child. Her adopted family had committed her to the State Colony as "feeble-minded", no longer feeling capable of caring for her. It was later discovered that Carrie's pregnancy was not caused by any "immorality" on her own part. In the summer of 1923, while her adoptive mother was away "on account of some illness," her adoptive mother's nephew raped Carrie, and Carrie's later commitment has been seen as an attempt by the family to save their reputation.
The case
While the litigation was making its way through the court system, Priddy died and his successor, Dr. John Hendren Bell, took up the case. The Board of Directors issued an order for the sterilization of Buck, and her guardian appealed the case to the Circuit Court of Amherst County, which sustained the decision of the Board. The case then moved to the Supreme Court of Appeals of Virginia.
The appellate court sustained the sterilization law as compliant with both the state and federal constitutions, and it then went to the United States Supreme Court. Buck and her guardian contended that the due process clause guarantees all adults the right to procreate which was being violated. They also made the argument that the Equal Protection Clause in the 14th Amendment was being violated since not all similarly situated people were being treated the same. The sterilization law was only for the "feeble-minded" at certain state institutions and made no mention of other state institutions or those who were not in an institution.
On May 2, 1927, in an 8–1 decision, the Court accepted that she, her mother and her daughter were "feeble-minded" and "promiscuous," and that it was in the state's interest to have her sterilized. The ruling legitimized Virginia's sterilization procedures until they were repealed in 1974.
The ruling was written by Oliver Wendell Holmes, Jr. In support of his argument that the interest of "public welfare" outweighed the interest of individuals in their bodily integrity, he argued:
We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, to prevent our being swamped with incompetence. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes.
Holmes concluded his argument by declaring that "Three generations of imbeciles are enough". The sole dissenter in the court, Justice Pierce Butler, a devout Catholic, did not write a dissenting opinion.
Carrie Buck was operated upon, receiving a compulsory salpingectomy (a form of tubal ligation). She was later paroled from the institution as a domestic worker to a family in Bland, Virginia. She was an avid reader until her death in 1983. Her daughter Vivian had been pronounced "feeble minded" after a cursory examination by ERO field worker Dr. Arthur Estabrook. According to his report, Vivian "showed backwardness", thus the "three generations" of the majority opinion. It is worth noting that the child did very well in school for the two years that she attended (she died of complications from measles in 1932), even being listed on her school's honor roll in April 1931.
Historian Paul A. Lombardo argued in 1985 that Buck was not "feeble-minded" at all, but that she had been put away to hide her rape, perpetrated by the nephew of her adoptive mother. He also asserted that Buck's lawyer, Irving Whitehead, poorly argued her case, failed to call important witnesses, and was remarked by commentators to often not know what side he was on. It is now thought that this was not because of incompetence, but deliberate. Whitehead had close connections to the counsel for the institution and to Priddy. Whitehead was a member of the governing board of the state institution in which Buck resided, had personally authorized Priddy's sterilization requests, and was a strong supporter of eugenic sterilization.
AIRED OCTOBER 16, 2018
The Eugenics Crusade
WHAT’S WRONG WITH PERFECT?
Film Description
A hybrid derived from the Greek words meaning “well” and “born,” the term eugenics was coined in 1883 by Sir Francis Galton, a British cousin to Charles Darwin, to name a new “science” through which human beings might take charge of their own evolution. The Eugenics Crusade tells the story of the unlikely –– and largely unknown –– movement that turned the fledgling scientific theory of heredity into a powerful instrument of social control. Perhaps more surprising still, American eugenics was neither the work of fanatics, nor the product of fringe science. The goal of the movement was simple and, to its disciples, laudable: to eradicate social ills by limiting the number of those considered to be genetically “unfit” –– a group that would expand to include many immigrant groups, the poor, Jews, the mentally and physically disabled, and the “morally delinquent.” At its peak in the 1920s, the movement was in every way mainstream, packaged as a progressive quest for “healthy babies.” Its doctrines were not only popular and practiced, but codified by laws that severely restricted immigration and ultimately led to the institutionalization and sterilization of tens of thousands of American citizens. Populated by figures both celebrated and obscure, The Eugenics Crusade is an often revelatory portrait of an America at once strange and eerily familiar.
The Eugenics Crusade
WHAT’S WRONG WITH PERFECT?
Film Description
A hybrid derived from the Greek words meaning “well” and “born,” the term eugenics was coined in 1883 by Sir Francis Galton, a British cousin to Charles Darwin, to name a new “science” through which human beings might take charge of their own evolution. The Eugenics Crusade tells the story of the unlikely –– and largely unknown –– movement that turned the fledgling scientific theory of heredity into a powerful instrument of social control. Perhaps more surprising still, American eugenics was neither the work of fanatics, nor the product of fringe science. The goal of the movement was simple and, to its disciples, laudable: to eradicate social ills by limiting the number of those considered to be genetically “unfit” –– a group that would expand to include many immigrant groups, the poor, Jews, the mentally and physically disabled, and the “morally delinquent.” At its peak in the 1920s, the movement was in every way mainstream, packaged as a progressive quest for “healthy babies.” Its doctrines were not only popular and practiced, but codified by laws that severely restricted immigration and ultimately led to the institutionalization and sterilization of tens of thousands of American citizens. Populated by figures both celebrated and obscure, The Eugenics Crusade is an often revelatory portrait of an America at once strange and eerily familiar.
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