Eugenics and compulsory sterilization laws: providing redress for victims of a shameful era in United States history.

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This Note argues that the application of involuntary sterilization laws violated the privacy rights under the Fourteenth Amendment of over 60000 Americans. A combination of the Courts reluctance to speak to sterilization laws in recent years procedural obstacles within the legal system and practical concerns have allowed the victims to go unrecognized and uncompensated. Consequently Congress should apologize to the sterilization victims and provide incentives for the states to identify and compensate them and the states with sterilization laws still on the books should repeal them. This Note consists of five parts. Part I discusses the historical background of the American eugenics movement the rationale behind the Buck decision and its implications vis-a-vis state sterilization statutes. Part II explains the paradox that has gripped this area of law since the 1940s. Although many states repealed their sterilization laws and several courts criticized Buck the Supreme Court has not overruled Buck and the lower courts refuse to declare the practice of involuntary sterilization unconstitutional. Part III outlines why those whom the states sterilized under eugenics-based laws suffered constitutional violations. Part IV outlines the victims efforts at obtaining judicial and legislative redress. Part V argues that Congress and the states should act legislatively to recognize and compensate the victims because of the legal systems inability to address their grievances. (excerpt)