Tuesday, February 2, 2021

Buck v. Bell, 274 U. S. 200 [Case Digest]

 

Buck v. Bell,

274 U. S. 200

 

Facts:

            Carrie Buck the plaintiff [in error] was sentence to a judgment for the operation of salpingectomy by the CA of the State of Virginia which affirmed a judgment ordering the Superintendent of the State Colony of Epileptics and Feeble Minded.

This judgment is pursuant to the Virginia statute providing for the sexual sterilization of inmates of institutions supported by the State who shall be found to be afflicted with hereditary form of insanity or imbecility.

 

Issue:

            Whether or not the Virginia statute indicated above contravene the equal protection clause.

 

Held:

            No.

 

Ratio:

            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.

 

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