Friday, July 17, 2009

"America's Undesirables"
Ginsburg’s Comments On Abortion
The New York Times Magazine printed a candid interview with Justice Ruth Bader Ginsburg, including this portion:

New York Times Question: "Are you talking about the distances women have to travel because in parts of the country, abortion is essentially unavailable, because there are so few doctors and clinics that do the procedure? And also, the lack of Medicaid abortions for poor women?"

Justice Ginsburg: "Yes, the ruling about that surprised me. [Harris v. McRae -- in 1980 the court upheld the Hyde Amendment, which forbids the use of Medicaid for abortions.] 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 and is contrary to the often used tactic of Supreme Court nominees and justices to avoid discussing topics on related to potential cases.
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 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, Holmes was known as the “progressive” justice of the day, has since been discredited; but unfortunately it is not extinct.
 It is estimated that the Hyde Amendment limiting Medicaid abortions has saved 1 million lives since its passage in 1976 -- some, no doubt, became criminals and some, perhaps, lawyers and judges

What do you think?

Well let's go back to Ginsburg before she joined the Supreme Court to hear what she thought of Roe v. Wade:

Justice Ruth Bader Ginsburg had, before joining the Court, criticized the decision for terminating a nascent democratic movement to liberalize abortion law(1).


(1) Ginsburg, Ruth. "Some Thoughts on Autonomy and Equality in Relation to Roe v. Wade", 63 North Carolina Law Review 375 (1985): "The political process was moving in the early 1970s, not swiftly enough for advocates of quick, complete change, but majoritarian institutions were listening and acting. Heavy-handed judicial intervention was difficult to justify and appears to have provoked, not resolved, conflict."