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On June 24, 2022, the U.S. Supreme Court voted to overturn the 1973 Roe v. Wade and 1992 Planned Parenthood of Southeastern Pennsylvania v. Casey decisions because legalized abortion is unconstitutional, violates the right to life, and supports racist eugenics.

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 joined together in support of Mississippi requesting the U.S. Supreme Court to overturn the 1973 abortion opinion of Roe v. Wade and its subsequent abortion cases. Liberty Counsel represented 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.

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Justice Samuel Alito authored the opinion of the High Court, overturning Roe v. Wade and Planned Parenthood v. Casey. Justice Alito was joined by Justices Thomas, Gorsuch, Kavanaugh, and Barrett. Chief Justice Roberts authored a concurring opinion saying that he agreed that the viability standard had no basis in the Constitution and that it should be discarded, but he did not vote to overturn Roe and Casey. Justices Breyer, Sotomayor, and Kagan jointly authored a dissent to the opinion.

The High Court’s opinion refers to Liberty Counsel’s amicus brief in footnote 41 which states, “Other amicus briefs present arguments about the motives of proponents of liberal access to abortion. They note that some such supporters have been motivated by a desire to suppress the size of the African American population. And it is beyond dispute that Roe has had that demographic effect. A highly disproportionate percentage of aborted fetuses are Black.”

Justice Alito also wrote in the 79-page opinion, “Roe was egregiously wrong from the start. We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

The opinion continues: “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely.”

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.

In one study, “Perceiving and Addressing the Pervasive Racial Disparity in Abortion,” authored by researchers with the Charlotte Lozier Institute (CLI), using abortion reporting data from the CDC, found that, despite incomplete reporting — particularly from states with large populations of minority women that perform significant numbers of abortions — “black women have been experiencing abortions at a rate nearly four times that of white women for more than 30 years…The evidence is clear that for many decades black children in the United States have not had, and do not have today, an equal opportunity to survive until birth,” the researchers said.

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.

The late Supreme Court Justice Ruth Bader Ginsburg said: “[A]t 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 of abortion.”

In 2019, Justice Clarence Thomas also confirmed Planned Parenthood’s eugenic history in Box v. Planned Parenthood of Indiana and Kentucky Inc. Justice Thomas wrote in his concurring opinion, “The use of abortion to achieve eugenic goals is not merely hypothetical. The foundations for legalizing abortion in America were laid during the early 20th-century birth-control movement. That movement developed alongside the American eugenics movement. And significantly, Planned Parenthood founder Margaret Sanger recognized the eugenic potential of her cause. She emphasized and embraced the notion that birth control ‘opens the way to the eugenicist.’”

Justice Thomas also noted that Planned Parenthood has its roots in the eugenics movement when he wrote: “But Sanger’s arguments about the eugenic value of birth control in securing ‘the elimination of the unfit,’ … apply with even greater force to abortion, making it significantly more effective as a tool of eugenics. Whereas Sanger believed that birth control could prevent ‘unfit’ people from reproducing, abortion can prevent them from being born in the first place. Many eugenicists therefore supported legalizing abortion, and abortion advocates—including future Planned Parenthood President Alan Guttmacher— endorsed the use of abortion for eugenic reasons.”

Liberty Counsel Founder and Chairman Mat Staver said, “The U.S. Supreme Court decision to overturn Roe v. Wade and Planned Parenthood v. Casey is a positive step to stop this racist genocide. Abortion is rooted in racism and eugenics to eliminate certain races and people. As the abortion issue now goes back to the states, we must work to end this senseless killing of innocent children.”

Author: Liberty Counsel

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