#390 Musings Beyond the Bunker (Wednesday June 29)
musingsbeyondthebunker.substack.com
Good morning, ALITO GOT THE HISTORY ALL WRONG The Court in Dobbs points out that for due process to protect a right, it “must be objectively and deeply rooted in this Nation’s history and traditions.” Alito asserts that our nation’s view of abortions was that a “post-quickening” abortion (roughly after the 25-week mark) was deemed a homicide, while stating that there was little comment on “pre-quickening” abortions. So, the absence of an affirmative statement in a legal case must mean it wasn’t legally protected, in Alito’s analysis. This is like suggesting that something that is ordinary and typical must nonetheless be stated in legal treatises or case law in order to be real. And while the court cites a few early cases about pre-quickening abortion being a homicide, these focus on whether the doctor administered a potion to the woman against her will.
#390 Musings Beyond the Bunker (Wednesday June 29)
#390 Musings Beyond the Bunker (Wednesday…
#390 Musings Beyond the Bunker (Wednesday June 29)
Good morning, ALITO GOT THE HISTORY ALL WRONG The Court in Dobbs points out that for due process to protect a right, it “must be objectively and deeply rooted in this Nation’s history and traditions.” Alito asserts that our nation’s view of abortions was that a “post-quickening” abortion (roughly after the 25-week mark) was deemed a homicide, while stating that there was little comment on “pre-quickening” abortions. So, the absence of an affirmative statement in a legal case must mean it wasn’t legally protected, in Alito’s analysis. This is like suggesting that something that is ordinary and typical must nonetheless be stated in legal treatises or case law in order to be real. And while the court cites a few early cases about pre-quickening abortion being a homicide, these focus on whether the doctor administered a potion to the woman against her will.