Darrell Castle talks about the recent Supreme Court opinion in the case of Box v. Planned Parenthood of Indiana and Kentucky.

Transcription / Notes

ABORTION AND EUGENICS         

Hello, this is Darrell Castle with today’s Castle Report. Today is Friday, June 7, 2019, and on this Report I will be talking about the United States Supreme Court’s decision in the case of Box v. Planned Parenthood of Indiana and Kentucky. The Supreme Court reversed in part a ruling from the 7th Circuit which favored Planned Parenthood, but left the 2nd part of the 7th Circuit ruling intact.

In 2016, Indiana passed a law that forbade Planned Parenthood from disposing of fetal remains as “infectious waste.” Yes, that’s how they referred to the bodies of the babies they killed, infectious waste. The state law said that from now on the remains have to be treated with respect, dignity and properly buried.  The second part of the Indiana law prohibited abortions on the basis of race, disability or sex selection. It’s pretty easy to see that both provisions of this law come very close to recognizing the “fetal remains” as a once living human being.

Planned Parenthood of course, immediately filed suit alleging that both provisions were unconstitutional and they won each step of the way up the legal ladder including the 7th Circuit. Indiana continued its appeal to the Supreme Court and that court agreed to hear it. People interested in the status of abortion law, as well as those interested in how this new court would handle such matters, watched the case with great anticipation.

By a vote of 7-2 with only Ruth Bader Ginsburg and Sonya Sotomayor voting no, the court ruled the burial provision is constitutional. That ruling, without really saying it, recognizes that there is humanity in that “infectious waste” that deserves dignity and respect. Not the two ladies though, no way would those women grant any respect or dignity to unwanted “infectious waste.”

On the second provision prohibiting what amounts to eugenics, the court decided to drop back and punt. They ruled that normally they don’t like to decide something that has not been looked at by at least two appellate courts and this issue has only been looked at by the 7th Circuit so they would not rule on it. That was an easy way out for them and they obviously did not feel ready to make a ruling that would prevent abortions for race, disability or sex selection.

To rule that law constitutional would be paramount to saying, wait a minute you are killing innocent and helpless human beings. The Court was not ready to say that and yet they didn’t want to rule that it was ok to do so, and instead, they just let the 7th Circuit ruling that the law is unconstitutional stand. So, just to keep beating this horse for a minute, it is perfectly legal to kill babies in their mother’s womb because you don’t like their race, disability, or sex, but Planned Parenthood, as a consequence of the fetal burial provision, will have its very lucrative business of selling dead baby parts curtailed, at least in Indiana.

Although he concurred in the court’s opinion, Justice Clarence Thomas wrote his own long concurring opinion in which he gave the court and the American people a history lesson in the use of abortion for eugenic and racial purposes. He traced the long ugly history of eugenics and how abortion has been used for that purpose in the past. “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.”

Justice Thomas held the entire history of the abortion for eugenic purposes movement up for the whole world to see, and he rubbed the court’s nose in it for refusing to recognize it as he Quoted Justice Oliver Wendell Holmes writing for the 1927 court, “It is better for the entire world,