Facts of the Case
Carrie Buck was a "feeble minded woman" who was committed to a state mental institution. Her condition had been present in her family for the last three generations. A Virginia law allowed for the sexual sterilization of inmates of institutions to promote the "health of the patient and the welfare of society." Before the procedure could be performed, however, a hearing was required to determine whether or not the operation was a wise thing to do.
Questions
Did the Virginia statute which authorized sterilization deny Buck the right to due process of the law and the equal protection of the laws as protected by the Fourteenth Amendment?
Conclusions
-
The Court found that the statute did not violate the Constitution. Justice Holmes made clear that Buck's challenge was not upon the medical procedure involved but on the process of the substantive law. Since sterilization could not occur until a proper hearing had occurred (at which the patient and a guardian could be present) and after the Circuit Court of the County and the Supreme Court of Appeals had reviewed the case, if so requested by the patient. Only after "months of observation" could the operation take place. That was enough to satisfy the Court that there was no Constitutional violation. Citing the best interests of the state, Justice Holmes affirmed the value of a law like Virginia's in order to prevent the nation from "being swamped with incompetence . . . Three generations of imbeciles are enough."
Book Review: Who Decides?
Sutton's Law: State Constitutions in a Federal System
Sixth Circuit Chief Judge Jeffrey Sutton is erudite, insightful, and oh so prolific. His 51...
Book Review: Who Decides?
Sutton's Law: State Constitutions in a Federal System
Sixth Circuit Chief Judge Jeffrey Sutton is erudite, insightful, and oh so prolific. His 51...
Book Review: The Law of Law School, by Andrew Guthrie Ferguson and Jonathan Yusef Newton
Mentoring law students and advising people considering law school about the pros and cons of...
Book Review: The Law of Law School, by Andrew Guthrie Ferguson and Jonathan Yusef Newton
Mentoring law students and advising people considering law school about the pros and cons of...
Protecting Individual Liberty Through State Constitutional Law: Judge Sutton’s Plea for Federalism in Judicial Decisionmaking
Federalist Society Review, Volume 20
A review of 51 Imperfect Solutions: States and the Making of American Constitutional Law, by...
Protecting Individual Liberty Through State Constitutional Law: Judge Sutton’s Plea for Federalism in Judicial Decisionmaking
Federalist Society Review, Volume 20
A review of 51 Imperfect Solutions: States and the Making of American Constitutional Law, by...
When Enforcing the Constitution Means Rejecting Precedent: A Reply to Greg Weiner
Part bull, part man, and nourished by Athenian blood, the minotaur has been the stuff...
When Enforcing the Constitution Means Rejecting Precedent: A Reply to Greg Weiner
Part bull, part man, and nourished by Athenian blood, the minotaur has been the stuff...
Administrative Law and Judicial Duty: Justice Thomas' Principled Stand Against Arbitrary Power
Few constitutional scholars would deny that the Supreme Court has made tragic—even shameful—errors in interpreting...
Administrative Law and Judicial Duty: Justice Thomas' Principled Stand Against Arbitrary Power
Few constitutional scholars would deny that the Supreme Court has made tragic—even shameful—errors in interpreting...
Whether There is a Constitutional Right to Die
Criminal Law & Procedure Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
The existence of a constitutional right to die is currently under consideration by the United...
Whether There is a Constitutional Right to Die
Criminal Law & Procedure Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
The existence of a constitutional right to die is currently under consideration by the United...