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Buck v Bell

Facts:
Carrie Buck a 17 years old and is a rape victim that
resulted to her bearing a child at a young age, Carrie, her
child, and her mother is suffering from their mental defiency
or is otherwise called “Feeblemindedness” and is under the
custody of the asylum for feeblemindedness. In the state of
Virginia, they have a law that allows a feebleminded person
to be recommended by the super intendent of the asylum to
be operated for sterilization or salpingectomy; that
sterilization will render Carrie Buck unable to bear a child or
become sterile. Here, the superintendent of the
aforementioned Asylum for Feebleminded persons requested
to sterilize Carrie Buck, the superintendent contended that is
more beneficial for Carrie Buck and so that she may not
produce offspring which might suffer feeblemindedness.
Carrie Buck and her lawyer contends that the aforesaid Law
violates the due process of the law for salpingectomy
clearly comes within deprivation of life the inhibition
against its deprivation extends to all those limbs and
faculties by which life is enjoyed. The deprivation not
only of life but whatever God has given to everyone
with life is protected by the provision in question.
Issue:
Whether the law authorizing salpingectomy to
applied to those persons suffering from mental
deficiency violates the due process of the law?

Held:
The aforementioned statute requires a rigorous
requirement, the superintendent cannot by itself execute the
salpingectomy of a feebleminded person, for the latter is
required to submit it to the board of their institute
accompanied by factual reasons and findings that it is for the
best interest of the inmate and the society as well, if the
latter would be sterilized. The plaintiff in error may also
afford to appeal the case if ever they find the judgment
wrong. The statute is a valid exercise of police power, . 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,
in order 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. The principle that sustains
compulsory vaccination is broad enough to cover
cutting the Fallopian tubes.
Three generations of imbeciles are enough.

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