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Here's
what Supreme Court Justice Ruth Bader Ginsburg said in
Sunday's New York Times Magazine:
"Frankly I had thought that at the time (Roe v. Wade) was
decided," Ginsburg told her interviewer, Emily Bazelon,
"there was concern about population growth and particularly
growth in populations that we don't want to have too many
of."
The comment, which bizarrely elicited no
follow-up from Bazelon or any further coverage from the New
York Times -- or any other major news outlet -- was in the
context of Medicaid funding for abortion. Ginsburg was
surprised when the Supreme Court in 1980 barred taxpayer
support for abortions for poor women. After all, if poverty
partly described the population you had "too many of," you
would want to subsidize it in order to expedite the
reduction of unwanted populations.
Left unclear is whether Ginsburg endorses
the eugenic motivation she ascribed to the passage of Roe v.
Wade or whether she was merely objectively describing it.
One senses that if Antonin Scalia had offered such a
comment, a Times interviewer would have sought more clarity,
particularly on the racial characteristics of these
supposedly unwanted populations.
Regardless, Ginsburg's certainly right
that abortion has deep roots in the historic effort to "weed
out" undesired groups. For instance, Margaret Sanger, the
revered feminist and founder of Planned Parenthood, was a
racist eugenicist of the first order. Even more perplexing:
She's become a champion of "reproductive freedom" even
though she proposed a "Code to Stop Overproduction of
Children," under which "no woman shall have a legal right to
bear a child without a permit." (Poor blacks would have had
a particularly hard time getting such licenses from Sanger.)
If Ginsburg does see eugenic culling as a
compelling state interest, she'd be in fine company on the
court. Oliver Wendell Holmes was a passionate believer in
such things. In 1915, Holmes wrote in the Illinois Law
Review that the "starting point for an ideal for the law"
should be the "coordinated human effort ... to build a
race."
In 1927, he wrote a letter to his friend,
Harold Laski, telling him, "I ... delivered an opinion
upholding the constitutionality of a state law for
sterilizing imbeciles the other day -- and felt that I was
getting near the first principle of real reform." That was
the year he wrote the majority opinion in Buck v. Bell
(joined by Louis Brandeis) holding that forcibly sterilizing
lower-class women was constitutional. In recent years,
openly discussing the notion of eugenic aspects of abortion
has become taboo. But as Ginsburg's comments suggest, the
taboo hasn't eliminated the idea; it's merely sent it
underground.
To be sure, some heterodox liberals speak
up. The writer Nicholas von Hoffman has written: "Free,
cheap abortion is a policy of social defense. To save
ourselves from being murdered in our beds and raped on the
streets, we should do everything possible to encourage
pregnant women who don't want the baby and will not take
care of it to get rid of the thing before it turns into a
monster. ..."
In 1992, Ron Weddington, co-counsel in the
Roe v. Wade case, wrote a letter to President-elect Clinton,
imploring him to rush RU-486 -- a.k.a. "the abortion pill"
-- to market as quickly as possible.
"(Y)ou can start immediately to eliminate
the barely educated, unhealthy and poor segment of our
country," Weddington insisted. All the president had to do
was make abortion cheap and easy for the populations we
don't want. "It's what we all know is true, but we only
whisper it. ... Think of all the poverty, crime and misery
... and then add 30 million unwanted babies to the scenario.
We lost a lot of ground during the Reagan-Bush religious
orgy. We don't have a lot of time left."
Weddington offered a clue about who, in
particular, he had in mind: "For every Jesse Jackson who has
fought his way out of the poverty of a large family, there
are millions mired in poverty, drugs and crime." Ah, right.
Jesse Jackson. Got it.
Unlike Bazelon, I for one would like to
know whether Ginsburg believes there were -- or are -- some
populations in need of shrinking through abortion and
whether she thinks such considerations have any place at the
Supreme Court.
And while we're at it, it would be
interesting to know what Supreme Court nominee Sonia
Sotomayor thinks about such things.
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