By JONATHAN P. BAIRD
July 10, 2023
Last year, as we watched the U.S. Supreme Court destroy reproductive freedom for women, more attention was paid to the outcome of the Dobbs abortion case than the Court’s reasoning and justification. Justice Samuel Alito, Dobbs author, relied heavily on history in supporting his opinion.
What happened in earlier American history is contested terrain. I would submit that Justice Alito got his history very wrong. He argued that abortion was not deeply rooted in U.S. history and traditions. Alito wrote, “…an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of the common law until 1973.”