Hello, this is Darrell Castle with today’s Castle Report. Today 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.
Background: the Indiana abortion law
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.
SCOTUS: abortion requires burial
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.
But it still allows abortion for racial reasons?
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.
Clarence Thomas says: you can’t ignore abortion forever!
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.
Eugenics since 1927
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, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind.
Calling out Margaret Sanger – by name
We like to think we have made some progress since 1927, but I suspect that it is much cheaper today to encourage the killing of babies, especially those of poor mothers, than it is to pay welfare to the mothers and eventually the child. Margaret Sanger, the founder and leader of the eugenics movement and the forerunner to Planned Parenthood, accepted the idea that the most adequate and thorough avenue to the solution of racial, political and social problems was birth control and abortion. The unbalance between the birthrate of the fit and the unfit was, she said, the greatest menace to civilization. She also founded her “negro project” to reduce the population of African Americans, which Justice Thomas explained in his opinion.
Eugenics at home and abroad
Justice Thomas pointed out that many countries, including the United States, practice eugenics today. In Iceland, for example, the abortion rate for children diagnosed with Down syndrome is virtually 100%. Other European countries have similarly high rates, such as Denmark 98%, United Kingdom 90%, France 77% and in the United States 67%. In Asia widespread use of sex selection abortions has resulted in, as Justice Thomas put it, 160 million missing women. In India, 300,000 to 700,000 females are aborted each year because they are girls. There are today more than 50 million more men than women in India.
I wonder why Democrat politicians can’t see that they are killing off their own voters. African Americans vote Democrat 98% of the time in many areas despite the fact that their race is very disproportionately killed by abortion. I do understand it from the Democrat politicians’ standpoint though, because the African American voters can easily be replaced by illegal migrants from third world alien cultures.
Bottom line: Constitution silent on abortion
In the closing lines of his opinion, Justice Thomas said
Although the court declines to wade into these issues today, we cannot avoid them forever. Having created the constitutional right to an abortion, this Court is duty bound to address its scope. In that regard, it is easy to understand why the District Court and the Seventh Circuit looked to [Planned Parenthood v.] Casey to resolve a question it did not address. Where else could they turn? The Constitution itself is silent on abortion. The Constitution should have a definition of life in it. I hate it when people say women have a constitutional right to an abortion when it doesn’t even mention abortion.
Time to get back on the rails
There seems to be developing a growing understanding that somehow we have gone off the rails in America, but perhaps we can still get back on the rails. Several states have passed laws prohibiting abortions after a certain week of pregnancy. It is usually 8 weeks but some states have ruled it out after 6 weeks. This is a clear indication that the state legislatures understand that babies are living persons. These bills are usually referred to as fetal heartbeat bills because they prohibit abortion when the baby’s heartbeat can be heard. I suppose that for all these years doctors have put their instruments on the woman’s abdomen and said, gee I wonder what that sound is.
“Embryonic pulsing”? An odd term for a heartbeat
No, I don’t think that’s what happened at all. Some people are apparently so cruel that nothing, no matter how grotesque, bothers them at all. Here’s a recent example of what I am talking about. In a report on Louisiana’s new law prohibiting abortion after the fetal heartbeat can be heard, passed last week. The New York Times reported it as follows, “The measure would require an ultrasound test for any woman seeking to terminate a pregnancy and forbid abortion if the test detects embryonic pulsing.”
The language obviously intended to sanitize an otherwise filthy and wicked practice, substitutes the phrase embryonic pulsing for fetal heartbeat thus relieving their readers of the discomfort of knowing that a live baby with a beating heart is being killed. So, the former world’s greatest newspaper with all the news that’s fit to print, struggles mightily to obscure the truth of what it is forced to print, thus depriving its readers of the news rather than presenting it to them.
The Georgia abortion boycott
The Hollywood crowd has not remained silent during all this, nor have they failed to bring their considerable clout to bear. Georgia’s governor signed the fetal heartbeat bill in early May and the film companies which have relocated to Atlanta from Hollywood immediately made plans to relocate taking their $9 billion dollars and 100,000 jobs with them. Warner Media, Sony Pictures, NBC Universal, AMC Network, and of course, Disney all threatened to cancel their commitments and leave the state.
Back to now-filthy Los Angeles?
Perhaps these oh so important celebrities should take a look in their own back yard, or perhaps they have and that’s why they left in the first place.
Los Angeles, City of Angels, has turned into a massive outdoor toilet for thousands of people living on the streets of that once great city. Tons of garbage and piles of human waste line the streets of downtown LA, while tens of thousands of rats roam through the filth. The place is filled with tents, furniture, shopping carts, clothing, and garbage by the ton, thousands of needles and piles of human excrement all provide nesting opportunities and food for the rats. Outbreaks of typhus and typhoid fever, once all but eradicated in America, are back in LA. The police are increasingly fearful of entering the area, not because of violence but because of disease. Doctors say bubonic plague is likely due to the out of control rat infestation. So, go on back to paradise celebrity friends, and good riddance.
A tiny survivor gives the lie…
As an exclamation point to what I have been saying, a little girl named Saby gives the lie to all the Democrat arguments in favor of abortion. Saby, weighing just 8.6 ounces, was born to her mother at 23 weeks. Her mother was told to say goodbye to Saby because she had only a few minutes to live but Saby had other ideas and now three months later she has gone home from the hospital and seems to be doing just fine. According to the University of Iowa’s Tiniest Baby Registry, yes they keep those records worldwide; Saby is the tiniest baby to ever survive. She could legally have been killed in any state without one of the new fetal heartbeat laws but her mother loved and wanted her.
A totally illogical ideology
Finally folks, I think I have figured this abortion thing out so that it makes sense. Heartless Democrat politicians and their cowardly Republican cohorts conspire to make a pathway to citizenship for millions of illegal alien children whom they chose to call “dreamers” and a pathway to the incinerator for millions of American children whom they chose to call “infectious waste.”
At least that’s the way I see it.
Until next time folks,
This is Darrell Castle.
About the image
An anti-abortion protest message appears on Table Mountain, Denver, Colo. Rachel Troyer, who took the photograph, released it into the public domain.
Darrell Castle is an attorney in Memphis, Tennessee, a former USMC Combat Officer and 2008 Vice Presidential nominee. Darrell gives his unique analysis of current national and international events from a historical and constitutional perspective. You can subscribe to Darrell's weekly podcast at castlereport.us
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