Seeing Dan Ernst's note at legal history blog about Victoria Nourse's article, "Buck v. Bell: A Constitutional Tragedy from a Lost World," reminds me that I want to ask a trivia question related to Buck. When and by whom was Buck most recently was cited as a valid case? I think the answer will not just surprise you; it will shock you (at least to timing it shocked me).
The illustration is the hospital building at the what was then known as the "State Colony for Epileptics and Feebleminded," where Carrie Buck was sterilized in the wake of Buck v. Bell.
The Eighth Circuit cited and discussed Buck relatively positively, before distinguishing it, in a 2001 compulsory sterilization case.
Posted by: Sam Bagenstos | August 10, 2012 at 01:23 PM
As I recall, it was Roe v. Wade.
Posted by: Michelle Meyer | August 10, 2012 at 01:41 PM
Buck was cited by the Supreme Court of Georgia in Deen v. Stevens, 287 Ga. 597
July 23, 2010.
Posted by: Paul A. Lombardo | August 10, 2012 at 01:47 PM
Wow--that's a lot of answers very quickly. Paul is right that Deen, 698 S.E.2d 321 (Ga. 2010) cites Buck, but I'm not so sure that's as a valid proposition of law. The dissent uses it to show that there's discrimination against mentally disabled.
The case I was thinking about is the one Sam was thinking of -- Vaughn v. Ruoff, 253 F.3d 1124, 1129 (8th Cir., 2001).
And of course Michelle is right that Roe cites Buck also, though in an odd way.
Posted by: Alfred Brophy | August 10, 2012 at 02:19 PM
I agree with Al; the Deen cite is primarily critical of Buck.
Posted by: Paul A. Lombardo | August 10, 2012 at 02:37 PM