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107 Cornell L. Rev. Online 1 (2021-2022)

handle is hein.journals/clro107 and id is 1 raw text is: ESSAY DO REASON-BASED ABORTION BANS PREVENT EUGENICS? Sital Kalantryt INTRODUCTION................................................................. 1 I. W HAT IS EUGENICS?................................................. 5 II. WHY DO SOME JUDGES ARGUE THAT REASON-BASED BANS PREVENT EUGENICS? ....................................... 6 III. ARE RACE, DISABILITY, AND SEX-SELECTIVE ABORTIONS EUGENICS OR WILL THEY LEAD TO EUGENICS-LIKE CONSEQUENCES?..................................................... 8 A. Sex-selective Abortion Bans ........................... 8 B. Race-selective Abortion Bans ....................... 11 C. Disability Selective Abortion Bans.................. 14 CONCLUSION ................................................................. 17 INTRODUCTION Two judges of the U.S. Supreme Court, Amy Coney Barrett and Clarence Thomas, as well as several other U.S. Federal Court of Appeals judges have argued that reason-based abortion bans are designed to prevent eugenics.' Eleven states currently prohibit doctors from performing an abortion if they know that the reason the patient is seeking one is because of the predicted gender, race, and/or disability of the fetus.2 t Associate Professor of Law, Seattle University School of Law. 1 See Box v. Planned Parenthood of Ind. & Ky., 139 S. Ct. 1780, 1782 (2019). Justice Coney Barrett, when she was a judge on the U.S. Court of Appeals for the Seventh Circuit, dissented from the denial of en banc review. Planned Parenthood of Ind. & Ky., Inc. v. Comm'r of the Ind. State Dep't of Health, 917 F.3d 532, 536 (7th Cir. 2018). Several judges on the U.S. Federal Court of Appeals have also argued that prohibitions on reason-based abortions prevent the elimination of certain groups of people. See Planned Parenthood of Ind. & Ky., Inc., 917 F.3d at 536 (Judge Easterbrook dissented from the denial of en banc review); Little Rock Family Planning Services v. Rutledge, 984 F.3d 682, 694 (8th Cir. 2021) (Judges Erickson and Shepherd framed the reason-based bans as anti-eugenics states); Preterm-Cleveland v. McCloud, 994 F.3d 512, 536, 547, 549-50 (6th Cir. 2021) (en banc) (Judges Sutton, Griffin, and Bush arguing the prohibition on termination of pregnancies on the basis of Down Syndrome is an anti-eugenics statute and further a compelling state interest). 2 Sex-selective abortion bans. Arizona, Arkansas, Kansas, Mississippi, 1

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