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Buck v. Bell

(1927)

Case Summary

  • Carrie Buck was raped and became pregnant and was sent to an institution colony after giving birth to her daughter Vivian.
  • She was sterilized by Dr. Bell without her consent because she was titled as being a "feebleminded" women

Decision and Rationale

  • The court found that the statue did not violate the constitution.
  • Adopted an bill permitting the force of sterilization of feebleminded or socially inadequate persons.

Agree or Disagree

  • Disagree with the fact the don't think that the 14th Amendment was violated
  • Agree that they banned sterilization with the consent of the patient. Adopted an bill permitting the force of sterilizatin of feebleminded or sovially inadequate persons.

Constitutional Issue

  • Carrie Buck was upset that Dr. Bell sterilized her because she was "feebleminded" when is was taken to the colony.
  • 5th and 14th Amendment violated
  • Felt that her rights wasn't protected
  • People who were claim as "mental" didn't have equal protection.
  • Eugenics- a social and scientific theory that promotes the improvement of the human race through selective breeding.

Historical Background

Arguments

Appellant: Carrie Buck

Appellee: Dr. J. H. Bell

Appellant's Claim: The Virginia's eugenic sterilization law violated Carrie Buck's constitutional rights.

Location: Washington DC

Argued: April 22, 1927

Date of Decision: May 2, 1927

  • The argument is about Carrie Buck’s sterilization conducted by Dr. Bell on October 19, 1927
  • Violating her rights stated in the 14th Amendment of the U.S Constitution
  • People with different disorders should have equal protection laws protected by their natural as if they were normal.

...............

  • Was taken away from her mother Emma Buck when she was three.
  • Joined the Dobbs family where she was taken out of school to continue housework.
  • At the age of 17 she was raped by the Dobbs' son and became pregnant.
  • The Dobbs family doctor tested her as being feebleminded.
  • Was committed to the colony for Epileptic and Feebleminded
  • The Dobbs took Carrie's daughter Vivian.
  • Later meet her mother in the institution she was sent to

....

  • Albert Priddy filed a petition to his board of directors claiming that she had a mental age was 9
  • Since he thought that she was a genetic threat to society the institution board approved the petition out at a hearing which evidence was supported for request.
  • Sterilized up 75 to 100 women without their consent claiming he was curing "pelvic disease" --------

Bell

  • Was the one that actually performed the procedure.
  • Took over as superintendent when Priddy died
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