U.S. Supreme Court Justice Ruth Bader Ginsburg:
“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.”
Margaret Sanger could not be reached for comment.
Update: But Ed Whelan could.
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Quote of the day? Ed, I think it is among the quotes of the year. The implications of Justice Ginsburg’s statement are many, and it may be interpreted at a variety of levels. On its face, the assertion appears to be a political, non-judicial justification for the Supreme Court to find a way to legalize abortion. To many of us, that is precisely what the Court did. At the same time, she appears, as you suggest, to support Margaret Sanger’s racist views on racial selection either within this country or in other lands. If so, she is either affirming or accusing the Court of reaching the Roe decision on racial, rather than legal or jurisprudential grounds. But how would one account for J. Marshall’s concurrence? I would love to hear from an honest Court clerk from 1973 who may inform us of any racial considerations in the greatly flawed decision. In any event, is Justice Ginsburg, in light of her medical condition, making a pre-deathbed confession?