Sterilization Laws Are Still on the Books — and Pose New Dangers Post-“Roe”
awakens fears around the repercussions of an unchecked and compromised high court. Now as a result, in a period when the protections against the deprivations of privacy and liberty are weakened, the U.S. must brace itself as the legacy of eugenics threatens to break forth.
Recall Carrie Buck, a 16-year-old in a muggy Virginia town, almost a century ago. In the summer of 1923, Buck — who had lived her whole life under the guardianship of foster parents, John and Alice Dobbs — was raped by a Dobbs family nephew. Buck’s mother, Emma, was locked away at the Virginia State Colony for Epileptics and Feebleminded in Lynchburg under the auspices of clinical “immorality,” prostitution and the crime of having syphilis.
Carrie Buck became pregnant as a result of the rape. In her third trimester, Buck was committed to the very same Virginia State Colony as her mother, on the basis of “mental incompetence,” “incorrigibility” and “promiscuity.” By early 1924, Virginia had passed the Eugenical Sterilization Act, meant to protect the state’s right to strip “defective” and “socially inadequate” people of their reproductive potential. Early that same year, against her will, Carrie Buck’s fallopian tubes were gutted.
Robert Shelton, a justice of the peace who served as Buck’s guardian while she was institutionalized, appealed the Amherst County judge’s decision to side with the Virginia State Colony. By 1927,had reached the Supreme Court. Justice Oliver Wendell Holmes Jr., in an 8-to-1 decision, delivered the now-infamous majority opinion.
As of June 2022, a new generation has fewer constitutional rights than the one who preceded it. Justice Clarence Thomas’s concurring opinion in
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