07-23-2022, 11:24 PM
(07-23-2022, 04:10 PM)BFritz21 Wrote: The right to abortion is not deeply rooted in the Nation's history and traditions, which is why it's now at the state level.
Actually, abortion was legal up until quickening (abt 15-20 weeks) in every state up until about the 1860s and only became illegal everywhere after Congress passed the Comstock morality laws in 1873. So as abortion was legal during colonization and during the first 90 years of independence, there is far more a tradition its legality than its illegality. But the truth didn't work for Scalia's religious zealously disguised as shakey legal scholarship..
The Bill of Rights made a point of stating rights infringed upon by the British during their rule. What it doesn't articulate, other than in the 9th amendment, are rights that were never limited or infringed upon during colonial rule...because they were already legal....the Founders didn't need to deal with them.
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