The Most Dangerous Branch: Roe v. Wade
Explain It to Me
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The Originalism of Abortion in the United States
The fashionable idea right now amongst conservative judges is originalism, the idea that the constitution should be read as it was understood at the time it was drafted. One of mississippi's arguments for why roe should be overruled is they say, look, row is rooted in the fourteenth amendment. They claim that 30 of 37 states had laws restricting abortion. And so the arguments look like, at this time, abortion bands would have been normal. So setting aside the question of whether or not originalism is the correct way to read the constitution, is that history correct?
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