Buck v. Bell case brief

Buck v. Bell (1927) The Right to Procreate

Holmes upheld a VA statute that established a process for the sterilization of mentally retarded persons in state institutions. Statute based on assumptions that developmental disability is inheritable. Buck argued that the statute intruded her bodily integrity in violation of DP and since it only applied to those people who were institutionalized, it violated EP. Homes said there was a state interest in promoting the public welfare to justify the statute against substantive DP attack.

Note: The SC later held that the right to procreate is a fundamental right ( so gov’t imposed sterilization must meet strict scrutiny)