This year, Adam Cohen came out with Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck. Buck, a white, working-class Virginian, was raped by the nephew of the Dobbses, the bourgeois couple in whose house she was working. The Dobbses thus had her categorized as “feebleminded” and institutionalized in the Colony for Epileptics and the Feebleminded. There she attracted the attention of various assholes [Albert Priddy, director of the Colony, Aubrey Strode, the lawyer who drafted the Virginia law, and Harry Laughlin, veritable Nazi who served as expert witness for the prosecution] who wanted to use her as a test case to secure the constitutionality of Virginia’s recently passed eugenics law.
Like many other states at the time, Virginia was caught up in the burgeoning enthusiasm over eugenics. Ostensibly about improving the human race through selective breeding, eugenics was actually about breeding more straight, white, cis, able-bodied, rich, smart virtuous WASPs like us and keeping those defective, vicious, disabled, vacuous, non-white people out. Anyway, Virginia’s law allowed state-sponsored sterilization of people with various “mental defects.” Despite the evidence being made up entirely of unscientific, sexist, racist, ableist, classist lies, the Amherst County Supreme Court upheld it.
The assholes, however, wanted their law to be ratified by even higher authorities. Buck’s “defense” lawyer, who was so in cahoots with the opposing counsel that his picture appears in the dictionary under the definition of moral bankruptcy, appealed to the Virginia Supreme Court of Appeals. The higher court upheld the appeal in 1925, and still the assholes carried bravely on. In 1927, Buck v. Bell went before the United States Supreme Court. The highest court in the land ruled in favor of state-sponsored rape, with a ringing endorsement coming from Chief
Justice Asshole Oliver Wendell Holmes: “Three generations of imbeciles [Buck’s mother, also institutionalized at the same colony, and Buck’s daughter included, though no one had really tested Buck’s daughter’s mental abilities] are enough!”
Buck was re-institutionalized, given a nonconsensual salpingectomy, and not at all informed about the consequences of the operation. She was also deprived of the chance to form a relationship with her kid, who, for some reason, was being raised by the Dobbses, who institutionalized Buck in the first place. She was eventually released from the institution; she then worked intermittently as a household cleaner and seasonal orchard picker, married twice, apparently loved her husbands, and, when she heard about what the salpingectomy had done to her, always grieved her inability to have kids.
Laws such as the one tested in Buck v. Bell gained popularity, peaking in the late 1920s. The stock market crash of 1929 drew attention away from “mental defectives” and toward a horrendously tanking economy. It also didn’t help that the guy who served as eugenics expert witness in Buck v. Bell, Harry Laughlin, enthusiastically sucked up to the rising Nazi regime. Despite these factors and the expose of eugenics as junk science, legal eugenic sterilization persisted in the United States till at least 1983, when Oregon finally dissolved its Board of
Institutionalized Bigotry Social Protection. In fact, Buck v. Bell remains “good law,” according to Cohen, and courts continue to cite it, even in this millennium, as justification for sterilization of disabled people. Indeed, the current fetishization of the genome and the rising popularity of genetic testing for disease markers both raise the unsettling possibility that the eugenics movement will pop up again.
Anyway, not only is reproductive rights a timely topic, but Buck’s story is a dramatic one, so Cohen has potent, pertinent material here. In measured, well-documented prose, he tells the story of Buck v. Bell with two chapters each on Priddy, Laughlin, Strode, and Holmes, bookended on either side by a chapter on Buck. He applies keen analysis to some aspects of the story, but totally misses other significant opportunities. Thus it’s an uneven book.
Cohen excels at his treatment of socioeconomic class, his analysis of Strode, and his takedown of Holmes. In terms of class, he is always attentive to the ways in which class pressures and expectations shape the players’ lives. He observes that the Dobbses’ push for middle-class respectability required the disposal of their working-class servant in a “colony” for the “feebleminded” when she had the audacity to be raped by the Dobbses’ nephew. He also demonstrates the influence of class in Holmes’ life; born among the socially conservative, neo-Puritan snobs of the Boston Brahmin class, he owed every single advancement in his life to the behind-the-scenes connections fostered by this good ol’ boys’ club. With details like these, Cohen ably proves that Buck v. Bell exemplified contemporary concerns about social class — in particular, the nasty poor people, with all their vices and feeble minds, becoming too numerous and steamrolling the awesome rich people, who were naturally smart and good.
Also particularly strong is Cohen’s portrayal of Strode, the lawyer who drafted the original Virginia bill and followed it all the way up to the Supreme Court. Scion of one of Virginia’s elite families and avowed Confederate sympathizer, Strode might at first glance seem to be a garden variety Southern bigot, especially with his hand in having nonconsensual sterilization enshrined as the law of the land. However, Cohen shows Strode as a complex figure, progressive in the areas of women’s rights and higher education, who probably didn’t even support eugenics at all. He purposely drafted the initial law to be as narrow and restrictive as possible, and, unlike Holmes, who wouldn’t shut up about his magnificent majority opinion, barely mentioned the whole subject of eugenics in his life afterward. Cohen makes these points not to garner sympathy for Strode, since Strode clearly chose to draft the bill and serve as prosecutor for the case, all the way up to the Supreme Court. Instead, Cohen’s portrayal of Strode’s ambivalence neatly encapsulates the country’s own ambivalence on the subject of eugenics.
Finally, Cohen does a masterful job of replacing the saintly ideal of Holmes with a more accurate picture of the man’s full character and motivations. While Holmes may be remembered for his aphorisms on free speech, Cohen argues that his upbringing as a member of the hierarchical, ancestry-obsessed, self-important Boston Brahmins largely shaped his political views. He was actually more of a pro-business, anti-civil rights conservative who regularly struck down or dissented on cases of reducing work hours for laborers or improving working conditions. He had an essentially passive, reactive view of the law, which was basically that it shouldn’t be socially activist in a way that changed policy, but that it should just execute whatever was passed until someone stepped forward to challenge it. This passive, socially disengaged perspective extended throughout his life; for example, he bragged about never reading newspapers and seemed to make a virtue of being clueless to events and trends occurring beyond the tip of his nose [except for eugenics]. Enamored with his self-concept as a brilliant, eloquent, accomplished genius, he chose to ignore the fact that his brilliance was completely untempered by compassion and social consciousness, his eloquence called into service for arrogant, venomous, mean-spirited
opinions attacks, and his accomplishments largely the result of the socioeconomic class in which he was born. Cohen uses both close analysis of Holmes’ opinions and a close reading of Holmes’ private letters to effectively puncture the myth of Holmes as practically perfect. It’s very satisfying.
All this said, Cohen only tells part of the story. He fails to include material that would make his book even stronger and more convincing. His treatment of Buck, disability, and race are ultimately unsatisfying. In terms of Buck, though she has two chapters, just like all other major players, they are ultimately scant. For example, though Cohen refers to Buck’s elementary school report cards as evidence of her average mental capacity, he quotes them only once. Even more egregiously, when he has the chance to use Buck’s own words, he doesn’t take it. He uses the most direct quotes in the final chapter, describing Buck’s later years, including her efforts to have her mom de-institutionalized. Yet he also refers to Buck’s letters in general, commenting on the neat penmanship and only sporadic grammar mistakes. This leaves the impression that Buck produced a lot of firsthand documentation of her post-trial years that Cohen omitted, except for a superficial comment on Buck’s ability to hold a pen. For someone so insistent that Buck’s voice was never heard at all in these cases [beyond her statement at the initial trial “that her people” would “take care” of her, which suggests that she had no clue what was going on], Cohen certainly devalues Buck and her experiences.
My close reading of Cohen himself reveals telling details about why he silences Buck. He wants to depict her as a pathetic, innocent victim who did nothing wrong whatsoever and was totally betrayed by mean, rich men. To this end, he is obsessed with the adjective “helpless,” one of his most-used descriptors for Buck. Indeed, Buck was helpless before the straight, white, rich, cis, WASPy men who used their privilege to rape her, but she also had agency in other areas of her life. I understand that this book focuses more narrowly on the Buck v. Bell case, but Cohen’s exaggeration of Buck’s supposed helplessness turns her into a bit player in her own life.
Cohen not only fails Buck personally, but he also fails in his portrayal of eugenics in general by inadequately addressing the ableism and racism at work in its rise. Yes, I am aware that Cohen is telling the story of a white woman, Buck, who has no intellectual or physical disabilities. That doesn’t excuse, however, his omission of the ableist and racist implications of eugenics, as well as the ableist and racist purposes to which the United States put eugenics laws.
Beyond being a way for rich people to try to literally cut poor people out of existence, sterilization — and indeed the whole eugenics movement — was also against people with mental and physical disabilities. Cohen gestures toward this when he follows the history of sterilization laws, in which blind, deaf, and or “crippled” people were sometimes included as eligible populations. For the most part, though, he strenuously avoids a disability rights analysis. For example, his preoccupation with arguing that Buck wasn’t “feebleminded” seems particularly wrong-headed. Her mental capacity is important insofar as all the pro-eugenics people flat out lied in their claims that she, her mom, and her daughter had intellectual disabilities. But even if Buck and her family members were intellectually disabled, re-raping her via salpingectomy would be morally repugnant as a breach of her right to bodily integrity. Again, Cohen alludes to such ableist violations when quoting some anti-eugenics rulings, but he doesn’t face the infantilization and objectification of disabled people head-on. He seems more interested in stoking reader outrage by harping on Buck’s average intelligence, the implication being that institutionalization and forced sterilization of a person without disabilities is worse than the same fate for a disabled person. I smell ableism — and not just in the historical record, but in the historiography itself.
Finally, the whole concept of eugenics is a racist fallacy, pitting white/Anglo-Saxon/Aryan proponents against people of other colors with other racial identities. Cohen illustrates this well in his discussion of Laughlin’s sucking up to the Nazis, who, inspired by eugenics work in the United States, expanded the racism to genocidal proportions. Strangely enough, however, Cohen leaves out the racist practices fostered by Buck v. Bell that occurred in the U.S. As Nancy Gallagher capably shows in Breeding Better Vermonters: The Eugenics Project in the Green Mountain State, eugenics/sterilization laws disproportionately burdened not just poor people and/or people with [real or imagined] disabilities, but also people who weren’t white. In Vermont, the Abenaki Indians were seen as the racial undesireables and so particularly pursued for sterilization, but, in other states, other populations were victimized. Lack of attention to the racial minorities in the U.S. who were persecuted gives the unfounded impression that eugenic racism only happened over there in Germany, with those evil Nazis. No, it happened here too, and it’s vital to emphasize that it happened in the U.S. — indeed, pretty much started in the U.S. — because part of Cohen’s conclusion warns that the currents of eugenics may be at an ebb right now, but could easily swell again.
P.S. Cohen’s title, Imbeciles, also really rankled me. As I mentioned earlier, Buck was never categorized as an “imbecile,” but as a “moron,” both of which were official categories back then referring to putative mental age and ability. I assume that Cohen’s title derives from Holmes’ “three generations of imbeciles” bullshit and also the fact that “morons” just doesn’t flow off the tongue like the slightly longer “imbeciles.” Still, it’s a rhetorical flourish that’s factually incorrect. Furthermore, the placement of “the Supreme Court,” a group of individuals, right after the colon transfers connotations of “imbecility,” along with contempt and negative judgment, to the justices. Thus Cohen uses the tired ableist tactic of turning a term of intellectual disability, albeit outmoded, into an insult. In conjunction with Cohen’s problematic treatment of Buck’s intelligence and his general omission of eugenics’ ableist consequences, the title exemplifies Cohen’s own problematic perspective on disability.