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

Publication Title

Journal of Law, Medicine & Ethics

Document Type

Article

Publication Date

2023

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.

Comments

External Links

Westlaw

Recommended Citation

Paul A. Lombardo, “A Vigorous Campaign Against Abortion”: Views of American Leaders of Eugenics v. Supreme Court Distortions, 51 J.L. Med. & Ethics 473 (2023).

DOI

10.1017/jme.2023.90

Volume

51

Issue

3

First Page

473

Last Page

479

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