the Court has been “reluctant” to recognize rights that are not mentioned in the Constitution. Collins v. Harker Heights, 503 U. S. 115, 125.
Guided by the history and tradition that map the essential components of the Nation’s concept of ordered liberty, the Court finds the
Fourteenth Amendment clearly does not protect the right to an abortion. Until the latter part of the 20th century, there was no support in
American law for a constitutional right to obtain an abortion. No state
constitutional provision had recognized such a right. Until a few years
before Roe, no federal or state court had recognized such a right. Nor
had any scholarly treatise. Indeed, abortion had long been a crime in
every single State. At common law, abortion was criminal in at least
some stages of pregnancy and was regarded as unlawful and could
have very serious consequences at all stages. American law followed
the common law until a wave of statutory restrictions in the 1800s expanded criminal liability for abortions. By the time the Fourteenth
Amendment was adopted, three-quarters of the States had made abortion a crime at any stage of pregnancy. This consensus endured until
the day Roe was decided. Roe either ignored or misstated this history,
and Casey declined to reconsider Roe’s faulty historical analysis.
Respondents’ argument that this history does not matter flies in the
face of the standard the Court has applied in determining whether an
asserted right that is nowhere mentioned in the Constitution is nevertheless protected by the Fourteenth Amendment. The Solicitor General repeats Roe’s claim that it is “doubtful . . . abortion was ever firmly
established as a common-law crime even with respect to the destruction of a quick fetus,” 410 U. S., at 136, but the great common-law authorities—Bracton, Coke, Hale, and Blackstone—all wrote that a postquickening abortion was a crime. Moreover, many authorities asserted that even a pre-quickening abortion was “unlawful” and that,
as a result, an abortionist was guilty of murder if the woman died from
the attempt. The Solicitor General suggests that history supports an
abortion right because of the common law’s failure to criminalize abortion before quickening, but the insistence on quickening was not universal, see Mills v. Commonwealth, 13 Pa. 631, 633; State v. Slagle, 83
N. C. 630, 632, and regardless, the fact that many States in the late
18th and early 19th century did not criminalize pre-quickening abortions does not mean that anyone thought the States lacked the authority to do so.
Instead of seriously pressing the argument that the abortion right
itself has deep roots, supporters of Roe and Casey contend that the
abortion right is an integral part of a broader entrenched right. Roe
termed this a right to privacy, 410 U. S., at 154, and Casey described
it as the freedom to make “intimate and personal choices” that are
“central to personal dignity and autonomy,” 505 U. S., at 851. Ordered
This logic is so flawed, so twisted, it is painful to read. By this logic SLAVERY which historically was the law of the land for hundreds of years (1619-1865), nearly to the Twentieth Century, and Jim Crow (1865-1965) (George Floyd) now well into the Twenty-First Century, should be be the grounds for overturning the 13th, 14th and 15th Amendments.
Which in fact I postulate IS these justices and their supporters true end-game. Their overt distain for liberty as it pertains to people of gender, color, and native origin is repugnant to the Constitution, the Declaration of Independence and we the people, the posterity of the Founders.
https://www.youtube.com/watch?v=-E4TUQ4THIE
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