Advertisement. Advertise with us

Letter from Chip Northrup

A constitutional right to abort

Justice Alito’s opinion is based on the fact that the right to abort is not mentioned in the Constitution. Guess what, no womens’ rights, either natural, such as the right to abort, or political, such as the right to vote, are mentioned in the Constitution. But every state that ratified the Constitution allowed a woman the right to abort — as a natural right.

So the right to abort is an assumed right in the Constitution — one that did not need to be enumerated to be allowed, since, under English common law, “That which is not prohibited is allowed.” The fact that no state can prohibit such a Constitutional natural right is the very basis of Roe.

Alito’s opinion is a cheap bit of legal legerdemain, a political fabrication from one of the brightest legal minds of 14th century Spain. If adopted, I hope to live to see it reversed 7 to 6.

Chip Northrup
Cooperstown

Posted

2 Comments

  1. There are at least two problems with Alito’s reliance on history. First, Alito has misrepresented the actual historical record. As abundant historical research establishes, the common law that governed America in its first decades and beyond did not regulate abortion before “quickening” — the moment when a pregnant woman first detects fetal movement, which can happen as late as 25 weeks into pregnancy.

    Alito reports that Hale “described abortion of a quick child who died in the womb as a ‘great crime’ ” while glossing over the key part of that passage. Hale wrote that abortion was a crime “if a woman be quick or great with child.” Note the “if.”

  2. There are at least two problems with Alito’s reliance on history. First, Alito has misrepresented the actual historical record. As abundant historical research establishes, the common law that governed America in its first decades and beyond did not regulate abortion before “quickening” — the moment when a pregnant woman first detects fetal movement, which can happen as late as 25 weeks into pregnancy.

    Alito reports that Hale “described abortion of a quick child who died in the womb as a ‘great crime’ ” while glossing over the key part of that passage. Hale wrote that abortion was a crime “if a woman be quick or great with child.” Note the “if.”

Leave a Reply

Your email address will not be published.

Related Articles

Women’s reproductive rights rally encourages community involvement

Women’s reproductive rights rally encourages community involvement By KEVIN LIMITI • Special to www.AllOTSEGO.com ONEONTA — About 100 people gathered in Muller Plaza at a rally for women’s reproductive rights Saturday, Oct. 2. The rally coincided with the Women’s March happening across the country as thousands marched in support of Roe v. Wade. The event featured music and speakers as well as pizza and lemonade. The looming issue throughout the rally was the harsh Texas anti-abortion laws barring abortions at six weeks and offering bounties to anyone who turns in a person who had an abortion or assisted with one.…

Letter: The right to choose

Letter: The right to choose Roe vs Wade was argued in Texas by Texas lawyers in front of Texas judges. When the Supremes upheld the Texas trial court, they not only tossed out Texas’s abortion law, but all state abortion laws as being unconstitutional for one profoundly simple reason: The Constitution does not prohibit abortion.…

Playing Tennis Before Title IX

Playing Tennis Before Title IX By Mayor Ellen Tillapaugh No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Title IX of the Education Amendments of 1972 enacted into law June 23, 1972 I was playing tennis with someone recently who asked if I had played when I was growing up. I replied yes, and he asked if I had played for my high school tennis team. He was the same age as…