Pants-of-dog wrote:Yes, thank you for clarifying once more how Alito is wrong or lying.
Abortion before quickening did not become illegal in the USA until the 1860s, approximately two centuries after Hale was breathing.
So if you wish to look at it from a historical perspective, women in Puritan pilgrim colonies had more reproductive rights and access to abortion than states that have passed fetal heartbeat laws.
I don't know if Alito was lying but I agree he's wrong. I won't dig into his motivations, what does matter though is what we can observe and in this case it's the flaws in his argument. It is at least not too convincing, to say the least.
As for the historical perspective you introduced, all in all nowadays women still have far more access to contraception (of which abortion is just one method) than in the colonial era, due to the development of science more than anything else.
I also think Alito could reasonably claim that, had people in Hale's time known biological life begins a lot sooner than at quickening, maybe abortion would have been banned outright. Speculative, yes, but hardly unreasonable. What he cannot do however is to pretend abortion before quickening was illegal, regardless of the reason, given what the major jurists of his time wrote.
I find it interesting he couldn't find a jurist who would say straight up abortion was illegal before quickening, instead, he needs to infer it in a very specific way from specific cases (possibly cherry-picked) and the inference is hardly the only one a lawyer can arrive to.
@XogGyux you can believe what you wish, I'm simply assuming the fetus is a person there. That is, even in the most restrictive scenario, it'd be still fine to punish a rapist instead of the victim if it has an abortion. This idea also leads to some other interesting paradoxes, after all, if a fetus isn't a person then the extra punishment would arguably just fall into tort law, while if a fetus is a person then we're now clearly dealing with criminal and civil penalties for the aggravation on top of those associated with the rape itself.