In the 8-1 decision Buck v. Bell (1927), Justice Brandeis voted with the majority, whose opinion (by Justice Oliver Wendell Holmes, Jr.) contains:
[ Source: ] It is better for all the world if, instead of waiting to execute degenerate offspring for crime or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Jacobson v. Massachusetts, 197 U. S. 11. Three generations of imbeciles are enough.
So I am trying to distinguish whether Justice Brandeis
- was only upholding the law (as he judged it) but deplored the policy (of eugenics),
or whether 2. he really did agree with the policy of eugenics.