SCOTUS Hears Challenge to Roe v. Wade Racist Eugenic Abortion Decision

Nov 29, 2021

This week the U.S. Supreme Court will hear the challenge to Mississippi’s law which prohibits abortion after 15 weeks and could eventually overturn the 1973 Roe v. Wade racist eugenic decision. Oral argument will be heard on Wednesday, but the final decision is not expected until sometime before the end of June 2022. 

In Dobbs, MS Health Officer, et al. v Jackson Women’s Health, et al., the High Court will reexamine the viability standard decided in Roe 48 years ago, Planned Parenthood of Southeastern Pennsylvania v. Casey in 1992, and Whole Women’s Health v. Hellerstedt in 2016. This case marks the first time in which SCOTUS will rule on the constitutionality of a pre-viability abortion ban since the 1973 ruling. 

Dobbs v. Jackson Women’s Health concerns a Mississippi law enacted in 2018 that prohibits abortions after 15 weeks gestation, except in a medical emergency and in cases of severe fetal abnormality. The law prohibits a physician from performing an abortion without first determining the probable gestational age of the unborn child. The determination of probable gestational age should be made according to standard medical practices and techniques used in the community. A physician who violates this would have his or her medical license suspended or revoked. 

Liberty Counsel filed an amicus brief on behalf of a diverse group of organizations, churches, religious leaders, and individuals, including 70,000 African American and Hispanic churches and millions of African Americans and Hispanic Americans across the United States, who are asking SCOTUS to overturn Roe because legalized abortion is unconstitutional, violates the right to life, and supports racist eugenics. 

Liberty Counsel represents Rev. Samuel Rodriguez and the National Hispanic Christian Leadership Conference; Chairman Dean Nelson and the Frederick Douglass Foundation; Rev. Alveda King, the niece of Rev. Dr. Martin Luther King, Jr., and Speak for Life; the Catholic Diocese of Tyler, Texas; Bishop Joseph Edward Strickland; Deacon Keith Fournier, Esq., General Counsel for the Catholic Diocese of Tyler, Texas; and the Common Good Foundation.

The Mississippi law was previously blocked by a federal judge shortly after its passage, and the Fifth U.S. Circuit Court of Appeals upheld that decision last year, citing the precedent set by Roe. Under existing Supreme Court precedent, states may not ban abortions that occur prior to fetal viability, generally around 22 weeks or later. However, Liberty Counsel’s amicus brief in Dobbs v. Jackson emphasizes the fact that the lower courts failed to contemplate the racist and eugenic history of the abortion movement and that abortion is largely a minority epidemic. 

Starting with Charles Darwin, contraception and abortion were used to accomplish his racist and white supremacist ideology and eugenic theories. In his book, The Origin of Species by means of Natural Selection or the Preservation of Favoured Races in the Struggle for Life. (emphasis added), the full title clearly sets forth his racist ideology to eliminate certain races and people. 

Fueled by the 1973 Roe v. Wade decision, Margaret Sanger then planted abortion facilities in black and brown neighborhoods to eliminate these races and carry on its racist eugenic objectives. Planned Parenthood—the largest abortion provider in the United States—has continued Sanger’s legacy of eliminating unborn children based on race, sex, and disability. Sanger shared the same worldview of eugenics as Charles Darwin and Adolf Hitler, and she saw abortion as a tool to help accomplish population control and to weed out the “undesirable” races and people to evolve a better human race. She argued that eugenics was “the most adequate and thorough avenue to the solution of racial, political and social problems.”  

Sanger stated, “More children from the fit and less from the unfit. That is the chief aim of birth control,” and “Superman is the aim of Birth Control.” She once gave a talk to the KKK and helped promote the “Negro Project.” In her own words, “[Birth control] means the release and cultivation of the better racial elements in our society, and the gradual suppression, elimination and eventual extirpation of defective stocks— those human weeds which threaten the blooming of the finest flowers of American civilization.” 

In a letter to Clarence Gable in 1939, Sanger wrote: “We do not want word to go out that we want to exterminate the Negro population, and the minister is the man who can straighten out that idea if it ever occurs to any of their more rebellious members.” 

Abortion-induced deaths of the unborn in the black community are 69 times higher than HIV deaths, 31 times higher than (all other) homicides, 3.6 times higher than cancer-related deaths, and 3.5 times higher than deaths caused by heart disease. The Centers for Disease Control and Prevention (CDC) reported that 117,626 black children were killed by surgical abortion in the U.S. in 2018, and these deaths accounted for 33.6 percent of the total abortions that year. 

Planned Parenthood commits 40 percent of abortions in the United States, which includes death by abortion of an estimated 247 black babies per day. In Mississippi alone, 3,005 abortions were reported in 2018. Of those abortions, 72 percent were performed on black women, compared to just 24 percent on Caucasian women and 4 percent of other races.  In fact, the Charlotte Lozier Institute estimates that the black abortion rate in Mississippi is more than three-and-a-half times the abortion rate for Caucasian women. 

Planned Parenthood has now intentionally located 86 percent of its abortion facilities in or near minority neighborhoods in the 25 U.S. counties with the most abortions. These 25 counties contain 19 percent of the U.S. population including 28 percent of the black population and 37 percent of the Hispanic/Latino population. In 12 of these counties, blacks and Hispanics/Latinos are more than 50 percent of the population. In contrast, blacks are only 12.6 percent of the U.S. population, and Hispanics and Latinos are 16.3 percent. Planned Parenthood’s largest abortion facility in America is situated in the middle of a black and Hispanic neighborhood within walking distance of a nearby school. 

Liberty Counsel Founder and Chairman Mat Staver said, “This week the U.S. Supreme Court has the opportunity to finally overturn its tragic racist eugenic abortion decision of Roe v. Wade. Planned Parenthood continues Margaret Sanger’s legacy of eliminating unborn children based on their race, and this must end. The Supreme Court should overturn Roe v. Wade and stop this genocide.” 



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