Justice Ginsburg on Abortion & Eugenics

Last updated on: July 21, 2009 at 5:15 am by Gene Veith

0 Comments

Justice Ginsburg on Abortion & Eugenics 2009-07-21T05:15:11-04:00 Gene Veith

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

You have got to read Michael Gerson on what Supreme Court Justice Ruth Bader Ginsburg told the New York Times Magazine: “Frankly I had thought that at the time Roe was decided, there was concern about population growth and particularly growth in populations that we don’t want to have too many of. So that Roe was going to be then set up for Medicaid funding for abortion.”

A statement like this should not be taken out of context. The context surrounding this passage is a simplistic, pro-choice rant. Abortion, in Ginsburg’s view, is an essential part of sexual equality, thus ending all ethical debate. “There will never be a woman of means without choice anymore. That just seems to be so obvious,” she explains. “So we have a policy that affects only poor women, and it can never be otherwise, and I don’t know why this hasn’t been said more often.” Of pro-lifers, she declares, “They’re fighting a losing battle” — which must come as discouraging news to litigants in future abortion cases that come before the high court.

Given this context, can it be argued that Ginsburg — referring to “populations that we don’t want to have too many of” — was merely summarizing the views of others and describing the attitudes of the country when Roe v. Wade was decided? It can be argued — but it is not bloody likely. Who, in Ginsburg’s statement, is the “we”? And who, in 1973, was arguing for the eugenic purposes of abortion?

It is more likely that Ginsburg is describing the attitude of some of her own social class — that abortion is economically important to a “woman of means” and useful in reducing the number of social undesirables. Neither judge nor journalist apparently found this attitude exceptional; there was no follow-up question.

At the very least, Ginsburg displays a disturbing insensitivity to Supreme Court history. It was Justice Oliver Wendell Holmes Jr. who wrote the 1927 decision approving forced sterilization for Carrie Buck — a 17-year-old single mother judged to be feebleminded and morally delinquent. “It is better for all the world,” ruled Holmes, “if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind.” Such elitism has been discredited; it is not extinct.

The entire Ginsburg interview is a reminder of the risks of lifetime appointments to the Supreme Court. Immune from criticism, surrounded by plump cushions of deference, the temperament of a justice can become exaggerated over time. For Ginsburg, complex arguments are now “so obvious” and “can never be otherwise” — and opposition is fated to failure. Such statements, made during Ginsburg’s own nomination hearing, would have been disqualifying.

The specific context for her remark–which elicited no follow-up question from the reporter–was whether Medicaid should fund abortions with taxpayer money for the poor. Justice Ginsburg was saying “yes,” so what she was saying is that abortion is a way to fight poverty by reducing the number of poor people. See this in the LA Times.

Law

Life Issues

Previous Post

July 20, 2009

Christ of the Desolate Places

Next Post

July 21, 2009 Praise songs as sacraments and as mantras

Recent Comments

0 | Leave a Comment

"While she worked for Trump she was a tool's tool!"

reg

Luther on Tools

"I know wired earbuds are making a comeback (I never stopped using them as I ..."

reg

Luther on Tools

"VCRs, tape decks, and cassette players are all having a revival among a segment of ..."

Tom Hering

Luther on Tools

"As a (retired) lawyer I see potential liability from sharing things like power or sharp ..."

reg

Luther on Tools

Browse Our Archives

Select a Category America Apologetics Art baseball Bible Blog Christ Church crime Culture Economics Education Ethics Family Food Football Government History Holidays Holy Week Humor International Islam Language Law Life Issues Literature Media Medicine Movies Music Nature News Personal Philosophy Politics psychology Reformation Religions Sacraments Science sex Social Science Sports technology television terrorism Theology Uncategorized Vocation war

Select a Month October 2026 September 2026 August 2026 July 2026 June 2026 May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 August 2025 July 2025 June 2025 May 2025 April 2025 March 2025 February 2025 January 2025 December 2024 November 2024 October 2024 September 2024 August 2024 July 2024 June 2024 May 2024 April 2024 March 2024 February 2024 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 June 2022 May 2022 April 2022 March 2022 February 2022 January 2022 December 2021 November 2021 October 2021 September 2021 August 2021 July 2021 June 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 September 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 December 2011 November 2011 October 2011 September 2011 August 2011 July 2011 June 2011 May 2011 April 2011 March 2011 February 2011 January 2011 December 2010 November 2010 October 2010 September 2010 August 2010 July 2010 June 2010 May 2010 April 2010 March 2010 February 2010 January 2010 December 2009 November 2009 October 2009 September 2009 August 2009 July 2009 June 2009 May 2009 April 2009 March 2009 February 2009 January 2009 December 2008 November 2008 October 2008 September 2008 August 2008 July 2008 June 2008 May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007

TAKE THE

Religious Wisdom Quiz

Which official opposed Nehemiah's wall-building and sent open letters to Jerusalem?

Select your answer to see how you score.

Haggai Tobiah Geshem Sanballat

Books by This Author Books by Gene Veith

See All Titles »