Alito gets the history wrong.

in dobbs •  2 years ago 

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There is a lot wrong with the Dobbs ruling, but Alito's opinion also gets the history wrong.

During the colonial period and early US, abortion was widespread. Morally they didn't think it was wrong to abort before the "quickening" (when the pregnant person first feels fetal movement, generally around a few weeks before viability). Abortifacient recipes were widely shared. There weren't broad restrictions on getting an abortion.

The rise of laws against abortion occurred in the late 19th century and into the 20th century. The Comstock laws around the same time made sharing abortifacient materials illegal. Broad restrictions against abortion were essentially active for about ~70 years till they started to get loosened in the years before Roe. And then of course the Roe ruling happened.

Much like with immigration restrictions, American history was more defined by a period of the lack of such restrictions than their presence.

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