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Sterilization of the Mentally Retarded ? a Constitutional Right (At Least in California)

By ADF Alliance Alert

Eugene Volokh writes at the Volokh Conspiracy: "But what I didn?t know until several years ago is that many courts are indeed authorizing sterilization of mentally retarded women, if certain procedures are used to try to make sure that the sterilization is really necessary to serve the woman?s best interests (and even if the woman is unable to meaningfully consent herself). In fact, the California Supreme Court actually struck down as unconstitutional a state law ? passed in reaction to the sterilization movement exemplified in Buck v. Bell ? that categorically barred such sterilizations."

Full post as published by Constitutionally Correct on March 08, 2011 (boomark / email).