Disability Law Journal

People with disabilities have been reproductively marginalized throughout the history of the United States. This history, especially as it has been informed by the Supreme Court’s Ruling in Buck v. Bell, which upheld the involuntary sterilization of a woman labeled as having a disability, has led to a patchwork approach across the states as to whether and how people with disabilities who cannot give informed consent to medical procedures can be sterilized. This Note provides a summary of court and statutory approaches to this issue and argues that, especially in light of the Disability Rights Movement, it is time for the United States to rebuke its history of marginalization; solicit stakeholder input, prioritizing those affected by such laws; and adopt a disability-informed approach to the sterilization of this population that minimizes continued marginalization.