![]() ![]() The opinion also states that abortion rights are not “rooted in the Nation’s history and tradition” and not “mentioned” in the Constitution, therefore illegitimate, though that list, which even Justice Alito acknowledges, is extensive – including the right to obtain contraception or marry a person of another race or sex. ![]() … ‘People who are criminalizing abortion had no bad motives, and abortion illegal throughout pregnancy everywhere’ – that’s just not true.” It’s that there’s no nuance in the opinion. “And it’s not to say that some of those scholars are completely wrong. ![]() “There’s a lot of disputed history about when was abortion viewed as a crime, what were the motives of the people who criminalized abortion in the 19th century – a lot of that is taken from the research done by anti-abortion scholars,” Ms Ziegler told The Independent. Justice Alito points to what he calls “an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of the common law until 1973,” which critics have argued is both an ahistorical analysis and one that ignores the last five decades of abortion care. But Roe and Casey shackle states to a view of the facts that is decades out of date.” “States should be able to act on those developments. ![]() “Today, adoption is accessible and on a wide scale women attain both professional success and a rich family life, contraceptives are more available and effective, and scientific advances show that an unborn child has taken on the human form and features months before viability,” Ms Fitch claimed in a filing with the court. Mississippi Attorney General Lynn Fitch argued that “the conclusion that abortion is a constitutional right has no basis in text, structure, history, or tradition,” a statement echoed in anti-abortion arguments and in Justice Samuel Alito’s leaked opinion. One year later, the state’s argument came down to a single question: “Whether all pre-viability prohibitions on elective abortions are unconstitutional.” In Mississippi’s initial filing with the Supreme Court in 2020, the state initially proposed three questions to the court – none of which mention Roe. ![]()
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