Separate but equal was invented by the people, then ratified by the Justices.
Try again.
And abortion was allowed everywhere until 1821: "Connecticut was the first U.S. state to outlaw medicinal abortion after quickening in 1821, followed by 10 of the 26 states creating similar restrictions within 20 years. New York made post-quickening abortions a felony and pre-quickening abortions a misdemeanor in 1829."
Until you actually read the Dobbs decision(why are you afraid to?)
you are only regurgitating ignorance.
Alito carefully laid out a case that unwritten rights, to be enforced by courts, must be deeply rooted in our history.
To wit (a) From the 1200s to 1960, no statute, no English case, no state case, no federal case, no legal treatise, and no law review article hinted at an abortion right. On the contrary, abortion at any stage was (b) unlawful at common law and (c) widely criminalized by the time of the 14th Amendment
Either read the decision or move on.
And there you have the crux of the absurdity of the decision and why those other issues we talk about would be exposed
by this "reasoning" and nothing else:
"must be deeply rooted in our history."
That has never been and should not be a standard. The use of English Common Law goes against many other things this court has written. Indeed, its use is not "deeply rooted in our history" of jurisprudence.
But in OUR history, not England's, you and he are both just wrong.
"Before abortion law
In colonial America and the early days of the republic, there were no abortion laws at all. Church officials frowned on the practice, writes Oklahoma University of Law legal historian Carla Spivack in the William & Mary Journal of Race, Gender, and Social Justice, but they treated the practice as evidence of illicit or premarital sex
Poll
