“A Vigorous Campaign against Abortion”: Views of American Leaders of Eugenics v. Supreme Court Distortions

Journal of Law, Medicine and Ethics 51 (3):473-479 (2023)
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Abstract

The Supreme Court decided Box v. Planned Parenthood of Indiana and Kentucky in 2019. Justice Clarence Thomas’s opinion in the case claimed there was a direct connection between the legalization of abortion, in the late 20th Century, and the beginnings of the birth control movement a full three quarters of a century earlier. “Many eugenicists,” Thomas argued, “supported legalizing abortion.”Justice Samuel Alito highlighted similar claims in Dobbs v. Jackson Women’s Health, citing a brief entitled “The Eugenic Era Lives on through the Abortion Movement.” That brief was an echo of Justice Thomas’ misguided attempt at history in the Box opinion. Similar claims reoccur in Judge Matthew Kacsmaryk’s opinion in the Texas mifepristone case, Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration.These false claims are the focus of this article. There is no evidence that early leaders of the eugenics movement supported abortion as part of the movement for birth control. It is accurate to describe those leaders as anti-abortion, and their followers as people who condemned abortion for moral, legal, and medical reasons.

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