Title : "The court said it was taking no position on 'whether Indiana may prohibit the knowing provision of sex-, race-, and disability selective abortions by abortion providers.'"
link : "The court said it was taking no position on 'whether Indiana may prohibit the knowing provision of sex-, race-, and disability selective abortions by abortion providers.'"
"The court said it was taking no position on 'whether Indiana may prohibit the knowing provision of sex-, race-, and disability selective abortions by abortion providers.'"
"It said that since the 7th Circuit is the only appeals court to have considered the issue, 'we follow our ordinary practice of denying petitions insofar as they raise legal issues that have not been considered by additional courts of appeals.' Justice Clarence Thomas, in a 20-page statement, said the court will eventually have to decide the question of what he called 'eugenic abortions.' 'The Court’s decision to allow further percolation should not be interpreted as agreement' with the 7th Circuit, Thomas wrote. He included a long history of the birth-control movement. 'Enshrining a constitutional right to an abortion based solely on the race, sex, or disability of an unborn child, as Planned Parenthood advocates, would constitutionalize the views of the 20th-century eugenics movement. No other justice joined Thomas."Writes Robert Barnes in "Supreme Court compromise on Indiana abortion law keeps issue off its docket" (WaPo).
I don't agree that preventing the state from looking into the minds of abortion-choosers would "would constitutionalize the views of the 20th-century eugenics movement." It would only continue to constitutionalize the woman's right to make her own decision about going forward with a pregnancy and not impose an exception for when the decision is based on a reason that is legislatively designated as wrong. There are many bad reasons for having an abortion, and we could try to sort through what is good and what is bad, but the long-established right is to leave it to the one who is pregnant to go through the reasons and make a decision.
ADDED: I do think that the argument can be made that the case law establishes that there is one and only one reason that must be the reason for there to be a constitutional right to an abortion (other than to protect her own life or health): The woman must actually believe that what she is destroying is not a person.
Thus articles "The court said it was taking no position on 'whether Indiana may prohibit the knowing provision of sex-, race-, and disability selective abortions by abortion providers.'"
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