NORTHRUP: A constitutional right to abort

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

One thought on “NORTHRUP: A constitutional right to abort

  1. Chip Northrup

    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.”

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