It’s no secret that the U.S. Supreme Court has a tumultuous past with certain rulings. A few examples being the infamous Dred Scott case which erroneously reasoned that certain set of humans were deemed property, Hammer v Dager which justified child labor, or Plessy v Ferguson the case that set the precedent for Jim Crow. People who’ve taken an American History course will more or less be familiar with the aforementioned cases. However, there’s an ambiguous case titled ‘Buck v Bell’ that deals with the controversial topic of eugenics. If you aren’t familiar with eugenics it’s basically a method of social engineering used to create the “best” race of humans. The method being notoriously implemented by Nazi Germany. Interestingly enough, it wasn’t just Nazis trying to make these plans come to fruition. The U.S. legal system had to deal with the topic of eugenics. Here’s how they addressed it.
Historical Context
In order to get a full understanding of the case some historical context on eugenics is necessary. The theory of eugenics begins in the late 19th century, sometime after Charles Darwin publishes his magnum opus On the Origin of Species. During that time people rush to apply the theory of natural selection to human society. This movement gains traction throughout the western world. Peaking around the 1920’s. Universities in the USA begin to offer courses on eugenics. Increasing its popularity among academics. Despite the popularity of eugenics, academics begin to debate which humans were the superior ones. Some said the Anglos were & others argued that the Germans, Italians, Frenchs etc, were. Obviously in hindsight advancements in biology & genetics debunk all those aforementioned statements. But for the time this was the scientific truth. That lead the politicians of that era to make it their “moral” duty to prevent the degeneration of their race. This is similar to when the American Psychiatric Association classified homosexuality as a mental disorder in DSM III (published 1980), which falsely influenced societies perception on homosexuality. The same happened to eugenics in America. False research was given, debate ensued, and legislation was implemented which leads us to the curious case of ‘Buck v Bell’.
The Case
The case begins with Carrie Buck. A resident of The State Colony for Epileptics and Feeble Minded at Lynchburg, Virginia which is headed by Albert Priddy. Carrie Buck finds herself at this institution after a series of unfortunate events in 1924. Buck, a victim of rape, became pregnant and her adopted family had her committed to the SCEFM due to the “immorality” of having a child out of wedlock ( turns out they falsified she was raped). While at the institution they discover she has the “mental age of a 9 year old”, Priddy is a staunch supporter of eugenical sterilization, and suggests sterilization of Ms Buck due to her “moral delinquency”. Reasoning that it was probably passed down from her mother who was also known to be promiscuous and “feeble minded”.
Priddy was warned by a court in 1918 of his personal liability in sterilization operations and stopped for some time. However, realizing an opportunity to legally validate his operations, he takes the Buck case to the board of SCEFM. At the hearing Priddy argued his case to the board and it’s approved. It is then taken to local circuit court where evidence provided by an “expert” detailed Buck’s “clear” lineage of moral delinquency. It also helped that Bucks consul (Irving Whitehead a founder of SCEFM) brought forth no arguments against Bell . The reason being was Whitehead sought the same end as Priddy; legal eugenical sterilization. The case would end up at the Supreme Court.
During the appeals process Mr. Priddy dies and the case is taken up by John H Bell. Who argues to the Court that due process was given to Buck and state police powers allowed them to protect and decide for persons such as Buck. Whitehead argued that institutions such as SCEFM could easily become havens where
” (The) worst forms of tyranny practiced…inaugurated in the name of science.” Furthermore, Bucks legal guardian argued that her right to procreate infringed on the due process clause of the constitution. Buck would lose the case 8-1. Supreme Court Justice Holmes writing for the court rejected Bucks arguments. The equal protection argument was shot down by Holmes because the policy applied to all within the institution. Furthermore, he adds that if the nation can call upon its “best citizens” in times of war, a lesser sacrifice can be made by those “lesser” that “sap the strength of society”.
The prevention of procreation is justified because “(t)hree generations of imbeciles are enough”. Strong words, iffy ruling.
Conclusion
After all was said and done Carrie Buck was sterilized in the name of eugenics. That ruling set the precedent for other states to enact similar laws. On the bright side after the Nazi’s were defeated and advancements in science, eugenics laws slowly began to fade. Despite this ‘Buck v Bell’ stands as the law of the land. The case has yet to be overturned.
Sources: The Oxford Guide to United States Supreme Court Decisions
Sapiens A Brief History of Human Kind by Yuval Noah Harari
Sermo Civilis 