The case, Frank Osborn v. Lemon Thomson, Charles H. Andrews, William J. Wansboro (the Board of Examiners), challenges the constitutionality of the New York sterilization law under which Osborn's procedure was issued. The case argues that the procedure violated Osborn's right to fair and equal protection under the law guaranteed by Section 1, Article XIV, of the Constitution of the United States. It argues that the law has been unequally applied to people, like Osborn, who are living in an institution, and not to those living in society at large.