Celebrated liberal U.S. Supreme Court Justice Ruth Bader Ginsburg argued in an opinion released Tuesday that a pregnant woman is not a “mother.”
“[A] woman who exercises her constitutionally protected right to terminate a pregnancy is not a ‘mother’,” Ginsburg wrote in a footnote, which in turn responded to another footnote in the 20-page concurring opinion by Justice Clarence Thomas in the Box v. Planned Parenthood of Indiana and Kentucky Inc. case.
As Breitbart News’ legal editor Ken Klukowski reported, the case concerned a law signed by then-Governor (now Vice President) Mike Pence of Indiana in 2016, which required that the remains of an aborted fetus (or baby) be disposed of by cremation or burial. The law also prohibited abortion on the basis of sex, race, or disability alone.
The Court upheld the first part of the law, but declined to consider the selective-abortion ban until more appellate courts had ruled on it.
Tiny Pacific nation to take up to 75 deportees as Trump administration accelerates mass removals
Misspelled learning center, no children inside: Emmer presses Walz over Minnesota daycare tied to $4M
Interior Department plans AI Theodore Roosevelt exhibit for America250
New motion seeks former Colorado Clerk Tina Peters’ release, challenging state after Trump’s pardon
Indicted Democrat edits $109,000 ring allegedly bought with stolen FEMA funds from photo
Times Square ball goes red, white and blue for America’s 250th birthday
Trump weapons package to Taiwan sparks flurry of Chinese sanctions
Definition of Insanity: Repeat Offender Reportedly Tied to 3 Separate Shootings Was Freed After SWAT Standoff
Op-Ed: I’ll Believe it When I See it – How Liberal Santa Scams the Nation
CNN’s Dana Bash Forced to Admit Trump’s Border Policy Is ‘Story of Accomplishment’
Minnesota Senate candidate wears hijab in visit to Somali market as fraud scandal unfolds
As UK Locks Up Citizens for Speech, Jimmy Kimmel Shares Christmas Message with Them About Trump’s So-Called ‘Fascism’
Brown, MIT shootings may have stemmed from suspect’s failures, fixation on scientist’s success: report
Politico Squeaks in to Win Absolute Dumbest ‘News’ Story of 2025 – Says the Right Is Turning Christmas Into a ‘Christian Civilization’ Holiday
Most radical courses, curriculum that received federal funding in 2025
In his lengthy opinion — which delighted pro-life advocates, and distressed pro-choice activists — Thomas wrote that “this law and other laws like it promote a State’s compelling interest in preventing abortion from becoming a tool of modern-day eugenics.” He traced the racist and eugenicist beliefs of Planned Parenthood founder Margaret Sanger, and warned that the Court would one day need to wrestle with abortion as form of racial discrimination.
In a footnote, Thomas attacked Ginsberg’s dissenting opinion, which argued the Court should not have deferred to the legal standard used by the litigants in the lower courts, but should have subjected the Indiana law to a more difficult standard instead, since it impacted “the right of [a] woman” to an abortion.
Ginsburg cited no legal authority for her claim that a pregnant woman is not a “mother.” The claim that a fetus is not a child is central to pro-choice arguments.
Story cited here.
