SCOTUS's selective reading of history ignored 19th-century women's support for 'voluntary
motherhoodThe history of abortion in the U.S. guided some of Supreme Court Justice Samuel Alitos arguments in the Dobbs v. Jackson Womens Health Organization decision. Alito argued that abortion has never been a deeply rooted constitutional right in the United States.
But as a historian of medicine, law and womens rights, I think Alitos read of abortion history is not only incomplete, it is also inaccurate.
Alito argued in the opinion that abortion has always been a serious crime, but there were no laws about abortion at all in Colonial America. Beginning in the 19th century, most states barred it only after quickening, when a pregnant woman can first feel the fetus move, typically around the fourth to sixth month of pregnancy.
Abortion is indeed deeply rooted in the American experience and law. American women have always tried to personally determine the size of their families. Enslaved Black women used contraception and abortion as specific strategies of resistance against their physical and reproductive bondage.
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https://www.yahoo.com/news/supreme-court-selective-reading-us-123615587.html
dlk
(11,561 posts)It goes along with his selective interpretation of the Constitution. With all of his flaws, at least hes consistent.
Tumbulu
(6,278 posts)and a profound insult to the legal profession. And then an assault on the sciences of medicine, biology and history after that.
If one reads Roe V Wade all of the historical, biological and mortality rates ( morbidity figured at each week of pregnancy - versus having an abortion at that same stage) are covered. The reason that decision allowed the state to regulate abortion after the 22 week is because having an abortion after that time was more dangerous than producing and delivery the child. Before that date it was safer to have an abortion.
Alito strikes me as that guy who all the girls avoided in middle, high school and college. There is something profoundly creepy about him that defies language. But remains clear to me when I see him speak. A very strong negative energy shield that screams stay away!!! . His decision reflects that hurt and hatred of being rejected by any and all. Probably his whole life.
A bully who used the law to perform mass murder of women instead of a machine gun.
Progressive dog
(6,900 posts)and then hunted for non-religious justifications.