Warden on Buck v. Bell at One Hundred

Derek Warden, Louisiana Supreme Court, has published Buck v. Bell at One Hundred. Here is the abstract.

As Buck v. Bell nears its 100th anniversary on May 2, 2027, this article aims to reflect on that opinion, and to pay respects to its primary victim, Carrier Buck. It also aims to pay respect to those secondary victims harmed by it – both in the United States and around the world. To achieve its aims, this article seeks to analyze the historical underpinnings of the discrimination that led to Buck, how the opinion went wrong, explain the truth of Carrie Buck’s life, and look at the aftermath of the opinion on the globe into the modern day and into the future. To achieve its goals, this article is divided as follows. Part I investigates the historical attitudes towards people with disabilities. Part II discusses the eugenics movement. Part III discusses the life of Carrie Buck, the opinion in Buck v. Bell, and the many errors in that opinion. Part IV discusses the aftermath of Buck v. Bell both in the United States and around the globe. Part V discusses the modern disability rights movement as an opposing force to the discriminatory underpinnings of Buck v. Bell. Part V discusses the continued impacts of Buck v. Bell and the practices it condoned. Finally, Part VI looks toward a future where Buck may be overruled and takes note of issues that may represent the ghost of Buck v. Bell and the eugenics movement, though it makes no judgment on these issues.

Download the article from SSRN at the link.