Read this GetReligion post and ask yourself, what could she possibly mean?
This section of a New York Magazine article out this week is what is at the focus of what should be significant controversy.
Q: If you were a lawyer again, what would you want to accomplish as a future feminist legal agenda?
JUSTICE GINSBURG: Reproductive choice has to be straightened out. There will never be a woman of means without choice anymore. That just seems to me so obvious. The states that had changed their abortion laws before Roe [to make abortion legal] are not going to change back. So we have a policy that affects only poor women, and it can never be otherwise, and I don’t know why this hasn’t been said more often.
Q: Are you talking about the distances women have to travel because in parts of the country, abortion is essentially unavailable, because there are so few doctors and clinics that do the procedure? And also, the lack of Medicaid for abortions for poor women?
JUSTICE GINSBURG: Yes, the ruling about that surprised me. [Harris v. McRae — in 1980 the court upheld the Hyde Amendment, which forbids the use of Medicaid for abortions.] Frankly I had thought that at the time Roe was decided, there was concern about population growth and particularly growth in populations that we don’t want to have too many of. So that Roe was going to be then set up for Medicaid funding for abortion. Which some people felt would risk coercing women into having abortions when they didn’t really want them. But when the court decided McRae, the case came out the other way. And then I realized that my perception of it had been altogether wrong.
Roe was decided in the way it was to curb population growth? — “…particularly growth in populations that we don’t want to have too many of.”
Which populations would those be, Justice Ginsburg?
And we may never know because the no one writing for a big paper or news outlet (save the UK Telegraph) has picked up this story.
Message to the US Senate: Please ask Sotomayor if she believes Roe was decided in order to help set up Medicaid funding to support aborting certain populations.