The Supreme Court, American Eugenics, and the Sterilization of Carrie BuckBook - 2016
From the critics
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In 1907, Indiana passed the first law authorizing a state to engage in eugenic sterilization, which permitted medical operations that cut off the reproductive abilities of those who were deemed “unfit” to procreate for a variety of reasons. However, it would take twenty years for the constitutionality of such laws to be sanctioned by the Supreme Court, and that case would come from Virginia, a relatively late adopter of eugenic sterilization. At the centre of that case was Carrie Buck, a girl of nineteen who had already borne one illegitimate child, and who was the daughter of a woman who had also been deemed “feebleminded.” In a nearly unanimous decision that has never been overturned, the Supreme Court ruled on Buck v. Bell in 1927, upholding eugenics laws broadly, and Carrie’s sterilization specifically. In Imbeciles, Adam Cohen investigates this miscarriage of justice, chronicling the rise of the eugenics movement in America, and how Carrie Buck was actively misrepresented for the sake of this cause.
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Whitehead’s representation of Carrie at the trial and on appeal was an extraordinary case of malfeasance. Not only did he violate well-established ethical rules about the duty of loyalty to a client…but his entire representation of Carrie, in a case of enormous importance to her, was a fraud.
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