The Evolving Doctrine of Involuntary Sterilization: From Buck v. Bell to Skinner v. Oklahoma to the Present Day -- With Model Law Indicating Legislative Recommendation.

Abstract

This article presents an overview of (1) The history of eugenics and involuntary sterilization in the early 1900s in the United States, (2) A detailed examination in the Buck v. Bell cases leading to and including the U.S. Supreme Court case that declared the practice to be legal, (3) A detailed examination of the Skinner v. State of Oklahoma cases leading to and including the U.S. Supreme Court case that began to limit the practice of involuntary sterilization and declared the right of reproduction to be a fundamental right, (4) A consideration of factors in deciding the issue of involuntary sterilization, and (5) A model statute for present involuntary sterilization statutory law.