Buck v. Bell: Difference between revisions
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Appellants: | Appellants: | ||
* | *Carrie Buck | ||
Defendant: | Defendant: | ||
* | *Bell, superintendent of the Virginia State Colony for Epileptics and Feeble Minded | ||
The Court's opinion was given by '''Justice Oliver Wendell Holmes, Jr.''' | The Court's opinion was given by '''Justice Oliver Wendell Holmes, Jr.''' | ||
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==Facts of the Case== | ==Facts of the Case== | ||
Carrie Buck was a feeble minded, 18 year old, white woman, who was the daughter of a feeble minded woman and the mother of an illegitimate feeble minded child. In 1924, an Act of Virginia is created that allows for the sterilization of those with mental defect in cases where the welfare of the patient and society may be promoted. The defendant ordered the sterilization by salpingectomy of the appellant Carrie Buck, who then brought this case to the Circuit Court of Amherst County. | |||
==Issues Involved== | ==Issues Involved== | ||
The issues involved in this case include, but are not limited to: | The issues involved in this case include, but are not limited to: | ||
# | #Whether the Virginia law, which authorizes the sterilization of the mentally disabled, violates the due process clause of the fourteenth amendment. | ||
#Whether the Virginia law, which authorizes the sterilization of the mentally disabled, violates the equal protection clause of the fourteenth amendment. | |||
==Decision== | ==Decision== | ||
The Supreme Court | The Supreme Court '''affirmed''' the Virginia Court of Appeals decision to affirm a judgment of the Circuit Court of Amherst County, which validated the order by the defendant to perform the operation of salpingectomy upon Carrie Buck. | ||
==Holding and Rationale of the Court== | ==Holding and Rationale of the Court== | ||
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The Court unanimously supported the opinion of Justice Holmes. | The Court unanimously supported the opinion of Justice Holmes. | ||
Revision as of 18:24, 28 April 2009
Buck v. Bell, 274 U.S. 200, 71 L. Ed. 1000, 47 S. Ct. 584 (1927)
Appellants:
- Carrie Buck
Defendant:
- Bell, superintendent of the Virginia State Colony for Epileptics and Feeble Minded
The Court's opinion was given by Justice Oliver Wendell Holmes, Jr.
Facts of the Case
Carrie Buck was a feeble minded, 18 year old, white woman, who was the daughter of a feeble minded woman and the mother of an illegitimate feeble minded child. In 1924, an Act of Virginia is created that allows for the sterilization of those with mental defect in cases where the welfare of the patient and society may be promoted. The defendant ordered the sterilization by salpingectomy of the appellant Carrie Buck, who then brought this case to the Circuit Court of Amherst County.
Issues Involved
The issues involved in this case include, but are not limited to:
- Whether the Virginia law, which authorizes the sterilization of the mentally disabled, violates the due process clause of the fourteenth amendment.
- Whether the Virginia law, which authorizes the sterilization of the mentally disabled, violates the equal protection clause of the fourteenth amendment.
Decision
The Supreme Court affirmed the Virginia Court of Appeals decision to affirm a judgment of the Circuit Court of Amherst County, which validated the order by the defendant to perform the operation of salpingectomy upon Carrie Buck.
Holding and Rationale of the Court
The rationale of the Court was:
Additional Opinions
The Court unanimously supported the opinion of Justice Holmes.
Additional Links
The American Eugenics Movement
