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Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck Kindle Edition
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One of America’s great miscarriages of justice, the Supreme Court’s infamous 1927 Buck v. Bell ruling made government sterilization of “undesirable” citizens the law of the land
In 1927, the Supreme Court handed down a ruling so disturbing, ignorant, and cruel that it stands as one of the great injustices in American history. In Imbeciles, bestselling author Adam Cohen exposes the court’s decision to allow the sterilization of a young woman it wrongly thought to be “feebleminded” and to champion the mass eugenic sterilization of undesirable citizens for the greater good of the country. The 8–1 ruling was signed by some of the most revered figures in American law—including Chief Justice William Howard Taft, a former U.S. president; and Louis Brandeis, a progressive icon. Oliver Wendell Holmes, considered by many the greatest Supreme Court justice in history, wrote the majority opinion, including the court’s famous declaration “Three generations of imbeciles are enough.”
Imbeciles is the shocking story of Buck v. Bell, a legal case that challenges our faith in American justice. A gripping courtroom drama, it pits a helpless young woman against powerful scientists, lawyers, and judges who believed that eugenic measures were necessary to save the nation from being “swamped with incompetence.” At the center was Carrie Buck, who was born into a poor family in Charlottesville, Virginia, and taken in by a foster family, until she became pregnant out of wedlock. She was then declared “feebleminded” and shipped off to the Colony for Epileptics and Feeble-Minded.
Buck v. Bell unfolded against the backdrop of a nation in the thrall of eugenics, which many Americans thought would uplift the human race. Congress embraced this fervor, enacting the first laws designed to prevent immigration by Italians, Jews, and other groups charged with being genetically inferior.
Cohen shows how Buck arrived at the colony at just the wrong time, when influential scientists and politicians were looking for a “test case” to determine whether Virginia’s new eugenic sterilization law could withstand a legal challenge. A cabal of powerful men lined up against her, and no one stood up for her—not even her lawyer, who, it is now clear, was in collusion with the men who wanted her sterilized.
In the end, Buck’s case was heard by the Supreme Court, the institution established by the founders to ensure that justice would prevail. The court could have seen through the false claim that Buck was a threat to the gene pool, or it could have found that forced sterilization was a violation of her rights. Instead, Holmes, a scion of several prominent Boston Brahmin families, who was raised to believe in the superiority of his own bloodlines, wrote a vicious, haunting decision upholding Buck’s sterilization and imploring the nation to sterilize many more.
Holmes got his wish, and before the madness ended some sixty to seventy thousand Americans were sterilized. Cohen overturns cherished myths and demolishes lauded figures in relentless pursuit of the truth. With the intellectual force of a legal brief and the passion of a front-page exposé, Imbeciles is an ardent indictment of our champions of justice and our optimistic faith in progress, as well as a triumph of American legal and social history.
- LanguageEnglish
- PublisherPenguin Books
- Publication dateMarch 1, 2016
- File size6411 KB
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“[IMBECILES is] the story of an assault upon thousands of defenseless people seen through the lens of a young woman, Carrie Buck, locked away in a Virginia state asylum. In meticulously tracing her ordeal, Cohen provides a superb history of eugenics in America, from its beginnings as an offshoot of social Darwinism—human survival of the fittest—to its rise as a popular movement, advocating the state-sponsored sterilization of ‘feeble-minded, insane, epileptic, inebriate, criminalistics and other degenerate persons.’”—David Oshinksy, The New York Times Book Review (cover review)
“In this detailed and riveting study, Cohen captures the obsession with eugenics in 1920s America… Cohen's outstanding narrative stands as an exposé of a nearly forgotten chapter in American history.”—Publishers Weekly (starred review)
“IMBECILES indicts and convicts any number of villains, albeit with proper judicial restraint. Cohen mostly lets the facts speak for themselves…[and] skillfully frames the case within the context of the early 20th century eugenics movement…[The book’s] considerable power lies in Cohen’s closer examination of the principal actors…Buck v. Bell has never been overturned. But thanks to Adam Cohen, we shall never forget it.” —Boston Globe
“Cohen…tells the shocking story of one of the greatest miscarriages of justice in U.S. history…and demonstrates to a fare-thee-well how every step along the way, our system of justice failed…The last chapter of the case of Carrie Buck, Cohen reveals, hasn't been written…IMBECILES leaves you wondering whether it can happen here — again.”—Minneapolis Star Tribune
“An important new book…which details the eugenic horror that still haunts the American legal system… Cohen’s narrative of the legal case that enshrined these practices is a page-turner, and the story it tells is deeply, almost physically, infuriating… Cohen reminds us of the simple, shocking fact that while forced sterilizations are rare today, they remain legal because American courts have never overturned Buck v. Bell.”—The New Republic
“Imbeciles is lively, accessible and, inevitably, often heart-wrenching.”—Nature
“Searing…In this important book, Cohen not only illuminates a shameful moment in American history when the nation’s most respected professions—medicine, academia, law, and the judiciary—failed to protect one of the most vulnerable members of society, he also tracks the landmark case’s repercussions up to the present.”—Booklist (starred review)
“The story of Carrie Buck…illustrates society’s treatment of the poor, of minorities and immigrants, and other populations considered ‘undesirable.’… This thought-provoking work exposes a dark chapter of American legal history.”—Library Journal
“Imbeciles is a revelatory book. Eye-opening and riveting. In these pages, Adam Cohen brings alive an unsettling, neglected slice of American history, and does so with the verve of a master storyteller.” —Alex Kotlowitz, author of There Are No Children Here
“Cohen revisits an ugly chapter in American history: the 1920s mania for eugenics…[in this] compelling narrative....He also tells a larger story of the weak science underlying the eugenics cause and the outrageous betrayal of the defenseless by some of the country's best minds…A shocking tale about science and law gone horribly wrong, an almost forgotten case that deserves to be ranked with Dred Scott, Plessy, and Korematsu as among the Supreme Court's worst decisions.”—Kirkus (starred review )
“Adam Cohen knows how to recognize a story and has the gift to tell it with disarming fidelity to facts that make us cringe. In that vein, Imbeciles made me question my longstanding admiration for the mind and character of Oliver Wendell Holmes and my fading hope that the Supreme Court can sometimes save us from ourselves.”—Joseph J. Ellis, Pulitzer Prize–winning author of The Quartet: Orchestrating the Second American Revolution
“‘Three generations of imbeciles are enough’—these are among the most haunting words in the history of the Supreme Court. In Imbeciles, Adam Cohen unearths the secret history of the case that moved Oliver Wendell Holmes to utter that notorious sentence. The book provides a stark portrait of the resilient eugenics movement—and a welcome warning about its sinister appeal.”—Jeffrey Toobin, author of The Oath and The Nine
“A powerfully written account of how the United States Supreme Court collaborated in the involuntary sterilization of thousands of poor and powerless women. Cohen’s Imbeciles is that rarest of books—it is a shocking story beautifully told, and also the definitive study of one of the darkest moments in the history of American law.”—John Fabian Witt, author of Lincoln’s Code and The Accidental Republic
“Imbeciles is at once disturbing, moving, and profoundly important. With the zeal of an investigative journalist and a novelist’s insight, Adam Cohen tells the story of an injustice carried out at the highest levels of government, and how it reverberated across history and remains with us today. Cohen is one of our most gifted writers, and he has turned the story of the Supreme Court and American eugenics into one of the best books I’ve read in decades.”—Amy Chua, John M. Duff, Jr. Professor of Law, Yale Law School, and author of The Battle Hymn of the Tiger Mother
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- ASIN : B00ZQH2UKK
- Publisher : Penguin Books (March 1, 2016)
- Publication date : March 1, 2016
- Language : English
- File size : 6411 KB
- Text-to-Speech : Enabled
- Screen Reader : Supported
- Enhanced typesetting : Enabled
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- Print length : 407 pages
- Page numbers source ISBN : 1594204187
- Best Sellers Rank: #414,352 in Kindle Store (See Top 100 in Kindle Store)
- #30 in Civil Rights Law (Kindle Store)
- #77 in Legal History (Kindle Store)
- #139 in Civil Rights Law (Books)
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As the title suggests, the book covers the rise of the pseudo-science of eugenics in the late 19th and early 20th centuries, and how it was used to justify the forcible sterilization of unfortunate members of society deemed “unfit” to procreate lest they “sap the strength of the State” (a direct quote from the majority opinion written by Oliver Wendell Holmes in 1927). Mr. Cohen expertly weaves a compelling tale by chronicling the backgrounds of the protagonists involved in bringing the case before the court. Dr. Albert Priddy, Superintendent for Virginia’s Colony for Epileptics and Feeble Minded; Harry Laughlin, Director of the Eugenics Record Office of the Carnegie Institute in New York; Aubrey Strode, author of the Virginia sterilization statute and legal representative for the state before the court; Oliver Wendell Holmes, the justice who authored the 8-1 majority opinion upholding the Virginia law; and Carrie Buck, the unfortunate victim chosen to be the test case before the court. Miss Buck had been detained in Dr. Priddy’s institution for being “feeble-minded,” but was in truth merely poor with limited 6th grade education and was an unwed mother as result of being raped by her foster parents’ nephew.
This book sheds light on a subject that has largely been forgotten – the role that the movers and shakers in American society had in promoting eugenics to “upgrade” society. Progressive thinkers like Theodore Roosevelt, Margaret Sanger and Alexander Graham Bell lent their names to the movement. John D. Rockefeller financed eugenics “research”, popular magazines published articles by eugenics proponents, clergy promoted it, and eugenics courses were taught at major universities across the U.S. The “science” of eugenics was used to justify drastic limitations on immigration from Southern European countries in the mid-1920’s which later prevented large numbers of refugees fleeing Nazi Germany from entry. The fact that the Nazi’s used U.S. sterilization laws as their model for their “final solution” should be an ongoing embarrassment to every U.S. citizen.
A second lesson from Mr. Cohen’s book was the abject failure of the court system to protect one of its most vulnerable citizens. The court case was specifically designed to have the U.S. Supreme Court validate the Virginia law and in so doing remove any further challenges to state-sponsored sterilization. Priddy, Laughlin and Strode selected Miss Buck as their “ideal” subject, and manufactured evidence where necessary to support their case. Miss Buck’s attorney, instead of aggressively defending her, conspired with the others to ensure the record from lower courts supported a favorable ruling from the Supreme Court. The Supreme Court, led by Justice Holmes, eagerly endorsed the practice with no qualms about its consequences to lesser members of society.
The scariest realization from Mr. Cohen’s book is that forced sterilization, though now out of favor, is still the law of the land. Sterilizations continued on a routine basis through the late 1950’s and the last procedure was performed in 1983. However, recent advances in gene mapping could conceivably lead to DNA editing, “to remove genes associated with disease or other disfavored traits - and perhaps edited to add more desirable traits.” Based on the precedent established in the Buck v. Bell ruling, states could once again institute mandatory procedures to “upgrade” their citizens.
Anyone who thinks that such a scenario is impossible in our enlightened progressive society or would not be permitted by our courts will do well to read this book and heed the lessons contained in it.
Adam Cohen has written an engaging history, replete with personal details, of the famous Buck v. Bell case by recounting the developments that led to the case, the principles involved, and the course of their lives and their impact on society. This is not an extensive history of Eugenics as found in Daniel Kevles' major history ("In the Name of Eugenics") but it outlines enough of that history to give a very good sense of the people, the ideas and the times. It delves into more granular detail of the lives of the participants in a way that is enlightening and enjoyable. Mr. Cohen endeavors to understand the motivations of those involved, which is a difficult undertaking, one that cannot be fully accomplished at this late date, but he does an admirable job and paints the personalities in a balanced fashion, and comes as close as perhaps one can to understanding the people involved. One comes away with a good feel for those individuals. Carrie Buck was a very decent woman, not impaired at all, who was very family oriented and hard-working, who seemed not to object too strenuously to her lot, but bore it without bitterness, it would seem, despite a very hard life and great misfortune perpetrated by others. She seemed incapable of bearing ill will to those who had wronged her. Priddy, the man who drove her sterilization, was not a monster, but a rather involved professional who went astray in his thinking, and was overzealous in his efforts to make a greater impact on society than was his due, and the outcome was tragic. Harry Laughlin was a dedicated man who erred enormously in his views and efforts, well meaning but a hazard to his fellow citizens. That society generally empowered him is a trenchant comment on both Progressive and Conservative elites of the time (the involvement of both Progressive and Conservative elites in this history brings to mind G.K. Chesterton's sardonic dictum that the job of Progressives is to assure that mistakes continue to be made, and the job of Conservatives to assure that those mistakes are not corrected). That Laughlin prevailed on the greater society to underwrite his expansive agenda is a cautionary tale indeed. Holmes of course was a deeply flawed individual who rose to great power and great acclaim. Another cautionary tale that we have not fully assimilated. Mr. Cohen captures the feel of the tragedy. The evil was not banal, but very individual and very personal and due to remarkably wrong opinions of individuals who went very far awry because they thought a little too much of their own capacities to improve the society in which they existed. Those most engaged and dedicated to improving society may indeed be a great danger, and society with its biases and blinders may not recognize the danger until many suffer. That is a theme that seems to run through the last Century. It appears to be extant in the current Century.
One minor detail that I would address, from a personal perspective (I attended BrighamYoung University in the late 1960's and early 1970's), is Mr.Cohen's characterization of Justice George Sutherland, one of the Conservative Supreme Court Justices who concurred in the majority opinion. Mr. Cohen suggests that his motivation was based on a Social Darwinism and Lassiaz Faire economics orientation, derived from the ideas of his teacher, Karl G. Maeser, the Mormon educator who headed Brigham Young Academy, which is now Brigham Young University. Like most Mormons of his time, Karl Maeser did not accept Evolution, let alone a Social Darwinist derivation from Evolution. Justice Sutherland could not have derived his orientation from Maeser, who had no such orientation. Further, the usual characterization of Sutherland's jurisprudence as Lassaiz Faire has been rebutted by Samuel R. Olken in an extensive article in the William and Mary Bill of Rights Journal, Volume 6, Issue 1/Article 2 in 1997, entitled "Justice George Sutherland and Economic Liberty, Constitutional Conservatism, and the Problem of Factions". Olsen contends that Sutherland was motivated by a Common Law orientation that he derived from his legal mentors, and not a Lassaiz Faire or Social Darwinism stance. Sutherland's motivation is hard to explain, at least from a Mormon perspective. Mormons generally have had great antipathy to Evolution and the general Mormon theology would generally lead one to strongly oppose forced sterilization, much as with Catholics. Perhaps Sutherland was influenced by Taft, to add to the vote total of the majority, on an issue that Sutherland had not considered deeply. Perhaps he voted as he did because his Catholic colleague on the Court voted against the majority (Mormons traditionally have had considerable antipathy toward Catholicism, a stance that thankfully has largely disappeared). More darkly, Sutherland was from a time in which Mormonism was a highly authoritarian and hierarchical religion, a virtual theocracy in the Utah territory, with some rather harsh concepts, such as blood atonement, and swift justice, promulgated in the mid to latter half of the 19th Century by Brigham Young. Rare episodes of vigilante castration of young men accused of sex crimes were carried out, seemingly with Brigham's approval or at least with absence of disapproval. Mark Twain famously wrote a story about the mayor of Virginia city ridding himself of two hangers-on by assigning them to survey a route for a telegraph line to Salt Lake City and then sending a message to Brigham Young that they were escaped criminals, certain in his conviction that Brigham would execute them without further ado when they arrived in Salt Lake City. That such things might have influenced Sutherland is pure speculation, of course. The motivation of all of the Justices, both concurring and dissenting, other than Holmes, who gave a brief but full throated endorsement of Eugenics,remains a question. The silence of the concurring Justices can only connote their consent to Holmes' opinion, unfortunately.
Mr. Cohen is concerned that Eugenics ideas may resurface with advances in genetics in our time. Unfortunately, the influence of Eugenics, as with the Progressive Era generally, are imbedded in our society today. Consider the 1994 book, "The Bell Curve" by Charles Murray and Richard Herrnstein. This is a book replete with Eugenic ideas. The use of IQ testing is itself one of the hallmarks of Eugenics. IQ testing was developed by Eugenicists for the purpose of identifying the unfit. The correlations with Army aptitude testing and societal outcomes are specious, as a society can certainly identify those who possess the talents that society prizes. But the idea that IQ testing tells one anything fundamental about humans, let alone that it be a basis for policy recommendations, gets us right back in to the thicket of Eugenics. That Charles Murray is writing books with penumbras from emanations from that work, such as "Coming Apart", and making policy recommendations, such as a basic income provided to all by government, making everyone to a degree wards of the State, is worrisome.
I had the experience of attending the Endocrine Society 2012 meetings in Houston Texas. One of the Plenary Sessions included speeches by two physicians from the Kennedy-Shriver National Institute of Child Health and Human development, whose mission statement is to the effect that every child should be "wanted and healthy", a ringing Eugenicist mission statement (implying that any child that is not wanted or healthy should be prevented). One of those physicians began his address by showing a slide of the first page of a journal article from Britain dated 1890, entitled "The Genetics of Human Growth". The author was none other than Francis Galton, the Father of Eugenics.The several thousand Endocrinologists, some of the most highly educated beings on the planet, reacted not at all to such an act. Everything seemed just fine for the audience. i was seated next to one of my mentors, who was a woman whose expertise was in the treatment of Growth disorders and the use of Growth Hormone. She shushed me when I tried to express my concern and amazement. Planned Parenthood had its origins in Eugenics, and now seems to be engaged in Eugenics by other, more voluntary means. Eugenics questions are at the heart of much that is being done currently, and we seem to have learned nothing, except how to put a smiley face on actions that in our time are as deeply troubling as forced sterilization. Abortion rights were championed by Eugenicists, and are championed by current elites, up to and including allowance for infants born alive from botch abortions to be allowed to expire. And Roe v. Wade has had the result, as with Dred Scot, of classifying certain human organisms, such as Slaves or unborn children, as property. With that decision, we are back to a pre-Emancipation Proclamation situation in which some humans are not categorized as humans.
One thing that Mr. Cohen seems to take pains to avoid is any discussion of the fact that the strategic approach to getting Supreme Court imprimatur for controversial or large social questions, illustrated by this case, has become a model. Cases like Roe v. Wade and the cases on the Defense of Marriage act have been plotted and pursued in similar fashion, leading to far reaching decisions, as Buck v. Bell was, for society at large. This appears to be a lasting legal and societal legacy of the Buck v. Bell case that makes it's history so problematic, and our time a continuation of that Eugenics era.
This is a timely book, indeed.
Kent J. Lyon





