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Holmes was a believer not just in [[Darwinism]], but in [[Social Darwinism]]<ref>J.W. Burrow, “Holmes in His Social Milieu,” in Robert Watson Gordon, ed., ''[http://books.google.com/books?id=DrrHKWpK7coC The Legacy of Oliver Wendell Holmes, Jr]'' (Stanford University Press, 1992) ISBN 0804719896, pp. 18-29</ref> and [[eugenics]]. In 1915, he wrote that “wholesale social regeneration” could be effected “only by taking in hand life and trying to build a race.”<ref>Oliver Wendell Holmes, Jr., “Ideals and Doubts,” 10 ''Illinois Law Review'' 1 (1915), reprinted in ''[http://books.google.com/books?id=1OMLO4-TLmQC Collected Legal Papers]'' (New York: Harcourt, Brace and Co., 1920), p. 306</ref> What he meant, he explained six years later to  Frankfurter, was not merely “restricting propagation by the undesirables,” but “putting to death infants that didn't pass the examination, etc. etc.”<ref>Holmes to Frankfurter, September 3, 1921, postscript, in Robert M. Mennel and Christine L. Compston, eds., ''[http://books.google.com/books?id=nJAXIYZKyFUC Holmes and Frankfurter: Their Correspondence, 1912-1934]'' (Hanover, N.H.: University Press of New England, 1996) ISBN 0874517583, p. 125</ref> His denial of human rights thus extinguished even to the right to life.

Holmes was a believer not just in [[Darwinism]], but in [[Social Darwinism]]<ref>J.W. Burrow, “Holmes in His Social Milieu,” in Robert Watson Gordon, ed., ''[http://books.google.com/books?id=DrrHKWpK7coC The Legacy of Oliver Wendell Holmes, Jr]'' (Stanford University Press, 1992) ISBN 0804719896, pp. 18-29</ref> and [[eugenics]]. In 1915, he wrote that “wholesale social regeneration” could be effected “only by taking in hand life and trying to build a race.”<ref>Oliver Wendell Holmes, Jr., “Ideals and Doubts,” 10 ''Illinois Law Review'' 1 (1915), reprinted in ''[http://books.google.com/books?id=1OMLO4-TLmQC Collected Legal Papers]'' (New York: Harcourt, Brace and Co., 1920), p. 306</ref> What he meant, he explained six years later to  Frankfurter, was not merely “restricting propagation by the undesirables,” but “putting to death infants that didn't pass the examination, etc. etc.”<ref>Holmes to Frankfurter, September 3, 1921, postscript, in Robert M. Mennel and Christine L. Compston, eds., ''[http://books.google.com/books?id=nJAXIYZKyFUC Holmes and Frankfurter: Their Correspondence, 1912-1934]'' (Hanover, N.H.: University Press of New England, 1996) ISBN 0874517583, p. 125</ref> His denial of human rights thus extinguished even to the right to life.

As early as 1895, Holmes said, “I can imagine a future in which science... shall take control of life, and condemn at once with instant execution what now is left for nature to destroy.”<ref>Oliver Wendell Holmes Jr., ''[http://books.google.com/books?id=2Sj_EQxlrqMC An Address]'' (Boston: Little, Brown, and Company, 1895), p. 5</ref> Two years later, he wrote that in order to “see socialism successful,” society must “substitute artificial selection for natural by putting to death the inadequate.”<ref>Holmes to Claire Fitzpatrick, Lady Castletown, August 19, 1897, quoted in Sheldon M. Novick, “Justice Holmes' Philosophy,” 70 ''Washington University Law Quarterly'' (1992), pp. 703, 729</ref> He wrote of his “contempt” for “socialisms not prepared... to kill everyone below standard,” adding, “I shall think socialism begins to be entitled to serious treatment when and not before it takes life in hand and prevents continuance of the unfit.” (In 1941, Father Frances E. Lucey, regent of Georgetown University Law School, remarked that "if recent reports are true" National Socialist Germany appeared to satisfy this standard.)<ref>Albert W. Alschuler, ''[http://books.google.com/books?id=QSBj8LgEi-kC Law Without Values: The Life, Work, and Legacy of Justice Holmes]'' (University of Chicago Press, 2002) ISBN 0226015211, pp. 27-28</ref> “I can understand saying,” wrote Holmes, “whatever the cost, so far as may be, we will keep certain strains out of our blood.”<ref>Oliver Wendell Holmes Jr., “Law and Social Reform,” in Max Lerner, ed., ''[http://ia311220.us.archive.org/0/items/mindandfaithofju024518mbp/mindandfaithofju024518mbp.pdf The Mind and Faith of Justice Holmes]'' (Boston: Little, Brown and Company, 1943), p. 401 (PDF p. 446)</ref> Holmes looked forward to a future civilization “perhaps with smaller numbers, but perhaps also bred to greatness and splendor by science.”<ref>Oliver Wendell Holmes Jr., “The Law and the Court,” ''[http://books.google.com/books?id=66UPxXl2KU8C Collected Legal Papers],” p. 296</ref>

As early as 1895, Holmes said, “I can imagine a future in which science... shall take control of life, and condemn at once with instant execution what now is left for nature to destroy.”<ref>Oliver Wendell Holmes Jr., ''[http://books.google.com/books?id=2Sj_EQxlrqMC An Address]'' (Boston: Little, Brown, and Company, 1895), p. 5</ref> Two years later, he wrote that in order to “see socialism successful,” society must “substitute artificial selection for natural by putting to death the inadequate.”<ref>Holmes to Claire Fitzpatrick, Lady Castletown, August 19, 1897, quoted in Sheldon M. Novick, “Justice Holmes' Philosophy,” 70 ''Washington University Law Quarterly'' (1992), pp. 703, 729</ref> He wrote of his “contempt” for “socialisms not prepared... to kill everyone below standard,” adding, “I shall think socialism begins to be entitled to serious treatment when and not before it takes life in hand and prevents continuance of the unfit.” (In 1941, Father Frances E. Lucey, regent of Georgetown University Law School, remarked that "if recent reports are true" National Socialist Germany appeared to satisfy this standard.)<ref>Albert W. Alschuler, ''[http://books.google.com/books?id=QSBj8LgEi-kC Law Without Values: The Life, Work, and Legacy of Justice Holmes]'' (University of Chicago Press, 2002) ISBN 0226015211, pp. 27-28</ref> “I can understand saying,” wrote Holmes, “whatever the cost, so far as may be, we will keep certain strains out of our blood.”<ref>Oliver Wendell Holmes Jr., “Law and Social Reform,” in Max Lerner, ed., ''[http://ia311220.us.archive.org/0/items/mindandfaithofju024518mbp/mindandfaithofju024518mbp.pdf The Mind and Faith of Justice Holmes]'' (Boston: Little, Brown and Company, 1943), p. 401 (PDF p. 446)</ref> Holmes looked forward to a future civilization “perhaps with smaller numbers, but perhaps also bred to greatness and splendor by science.”<ref>Oliver Wendell Holmes Jr., “The Law and the Court,” ''[http://books.google.com/books?id=66UPxXl2KU8C Collected Legal Papers]'', p. 296</ref>

===''Buck v. Bell''===

===''Buck v. Bell''===