Conservative Judges Are Manipulating the History of Eugenics to Overturn Roe v. Wade

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Clarence Thomas claimed that abortion emerged as a tool of eugenics. He’s wrong—but lower courts don’t care.

concurrence. It laid out a path for not simply upholding these trait-selection laws, but also for using a challenge to a trait-selection law as a vehicle for revisitingon the ground that it perpetuates racial injustice. And in hisconcurrence, Thomas also talks about the disability aspect—the idea is that abortion could have eugenic potential because it could keep certain parts of the population who are deemed unfit from reproducing in the future.

and an individual woman’s decision to terminate a pregnancy because of a fetal anomaly or diagnosis. But that’s not the language of theCircuit concurrences. They’re very much like, “this is eugenics, and if it can be deployed here to avoid the prospect of Down syndrome, it can also be deployed in these other ways potentially to deracinate entire scores of the population.”Circuit’s decision, “masculinist.

 

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