Steelman · slot B
Where Progressive liberty led
A classical-liberal legal scholar would argue —Buck v. Bell was not an aberration; it was Progressive constitutional thought arriving at its destination. Once the Court accepted that "liberty" was whatever expert administration deemed compatible with social welfare — once Lochner-era protections for the individual against the state were recast as reactionary obstacles to enlightened policy — there was no principled stopping point before Holmes's opinion. The same intellectual current that trusted legislatures and scientific commissions to set wages, regulate bakeries, and engineer public health also trusted them to decide which citizens should be permitted to reproduce. Carrie Buck's fallopian tubes were severed under a theory of personal liberty that had already been hollowed out to mean only what the state, advised by its experts, chose to leave her.