He drafted a concurrence in the case of Box v. Planned Parenthood of Indiana and Kentucky, where the Supreme Court upheld Indiana’s fetal remains disposal law and declined to review the state’s law banning abortions on the basis of race, sex, or disability, which the Seventh Circuit had struck down. In the opinion, he argued that there was a strong historical connection between abortion and the eugenics movement. To support this claim, he cited Planned Parenthood founder Margaret Sanger and her defense of eugenic aims.
But scholars are rounding rejecting Thomas’s historical claims and legal arguments.
View the complete May 31 article by Cody Fenwick on the AlterNet website here.