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110 Cal. L. Rev. 297 (2022)
The Dysgenic State: Environmental Injustice and Disability-Selective Abortion Bans

handle is hein.journals/calr110 and id is 306 raw text is: The Dysgenic State: Environmental Injustice and Disability-Selective Abortion Bans Khiara M. Bridges* Disability-selective abortion bans are laws that prohibit individuals from terminating a pregnancy because the fetus has been diagnosed with a health impairment. Many environmental toxins-to which low-income people and people of color disproportionately are exposed-are known to cause impairments in fetuses. When the fact of environmental injustice is read together with disability-selective abortion bans, we see that in one moment, the state fails to protect its citizens from toxins that impair fetal health, while in another moment, that same government compels its citizens to give birth to health- impaired fetuses. This Article identifies these two moments as the dysgenic state. Whereas the eugenic state of the early twentieth century sought to remove impairments from the population, the dysgenic state of the early twenty-first century seems committed to producing an impaired citizenry. DOI: https://doi.org/10.15779/Z38P843X00 Copyright © Khiara M. Bridges. * Professor of Law, UC Berkeley School of Law. Thank you to Kathy Abrams, Liz Emens, Meredith Harbach, Yuvraj Joshi, Osagie Obasogie, and Priscilla Ocen for offering their brilliant insights on earlier drafts of this Article. This Article benefited from participants at a faculty workshop at the University of Richmond School of Law, as well as attendees at a talk at the Center for Reproductive Rights, where versions of this Article were presented. This Article also benefitted from the work of several very amazing research assistants over the years, Arni Daroy, Simone Lieban Levine, Hayley MacMillen, Elana Muroff, and Samira Seraji. Thank you to the staff of the California Law Review for making publishing with the home team so very enjoyable. Finally, thank you to mijn hartendief, mijn honing konijn, Gert Reynaert, for being the light in our lightbox. 297

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