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Conservative Judges Are Manipulating the History of Eugenics to Overturn Roe v. Wade
Slate
1 hr ago
Mark Joseph Stern
© Provided by Slate
Justice Clarence Thomas attends the ceremonial swearing-in ceremony for Amy Coney Barrett at the White House on October 26, 2020. Tasos Katopodis/Getty Images
On Wednesday, the U.S. Court of Appeals for the Sixth Circuit upheld an Ohio law that prohibits doctors from performing an abortion if they know the reason is because the fetus has been diagnosed with Down Syndrome. The 9–7 decision seems to defy the Supreme Court’s decisions in
Roe v. Wade and
Planned Parenthood v. Casey, which found a constitutional right to terminate a pregnancy before viability. Yet the court’s conservative judges claimed that those precedents did not necessarily apply here, because Ohio was not simply regulating abortion; the state claimed to be combatting eugenics by protecting disabled fetuses from discri ....

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