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A draft that would overturn the historic Roe v. Wade was leaked earlier this week and has the nation at the edge of its seat. Roe v. Wade was a Supreme Court ruling in 1973 that protected women’s rights to abortion without excessive government restriction.

“Roe was egregiously wrong from the start,” wrote Justice Samuel Alito, author of the draft. “We hold that Roe and Casey must be overruled… It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

The 98-page document includes footnotes of Alito recognizing some early proponents of the abortion rights movement included themes of eugenics against African Americans.

“Some such supporters have been motivated by a desire to suppress the size of the African American population,” Politico reported. “It is beyond dispute that Roe has had that demographic effect. A highly disproportionate percentage of aborted fetuses are black.”

However, this claim that aborted fetuses are disproportionately Black is not true.

A recent study from Guttmacher Institute found that “no racial or ethnic group made up the majority of abortion patients.” The study reported that 39% of abortion patients were white, 28% Black, 25% Hispanic, 6% Asian or Pacific Islander, and 3% other race or ethnicity.

This is the first time a pending draft has been leaked to the public in the modern history of the court, and it has only fanned the controversial issue of abortion rights which has led to many states passing legislation on stricter abortion laws.

While there is sure to be racist history and themes of eugenics in early abortion rights history, Alito’s use of incorrect information regarding African Americans and abortion can only be seen as a cover to support the overturn of Roe v. Wade. Alito is one of many politicians to use and recognize racism against Black people only when it is to their benefit.