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Buck v. Bell

 

            
            
             Facts: Buck versus Bell, heard before the U. Supreme Court in 1927, was held to decide the constitutionality of involuntary sterilization. Carrie Buck was a "feeble minded" woman sent to the Virginia State Colony of Epileptics and Feeble Minded. Her feeble minded condition had been present in her family for the last three generations. She was to be sterilized under Virginia's new statute of 1924 enabling salpingectomy, or surgical sterilization, which was to promote the health of the patient and the welfare of society. The procedure was said to be practically painless and with no substantial danger to the patient's life. Virginia's new statute was institutionalized due to the fact that the defective persons supported by society are discharged from institutions, in which they become a nuisance to themselves and to society, and experience has shown that heredity transmits such mental illnesses as insanity and imbecility to future generations. The statute states that the superintendent of certain institutions has the opinion to suggest sexual sterilization for the best interests of the patients and of society. The superintendent may have the operation performed upon any inmate with a heredity form of insanity or imbecility, but careful provisions must be abided to protect the inmate from potential abuse. John Bell, the superintendent of the State Colony, expressed his opinion for Carrie Buck to undergo this surgical procedure due to her feeble minded heredity. John Bell petitioned the board of directors of the State Colony hospital, stating the facts and grounds for his opinion on Carrie Buck, verified by an affidavit. Carrie Buck's counsel contended that the operation of salpingectomy is illegal in that it violates her constitutional right of bodily integrity. .
             History: Carrie Buck and her guardian were given notice of the petition and the time and place of the hearing of the review by the board of directors of the State Colony hospital.


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