| As the Supreme Court prepares to hear arguments from Texas and Mississippi and, potentially, to rewrite abortion law for the nation, you may think (to be honest, I may have thought) that there is nothing new to learn about this issue. But last week, we published an op-ed by Aaron Tang, a law professor at the University of California at Davis, that I found eye-opening. It has to do with the history of abortion law from the beginning of the republic. That matters because "originalist" legal scholars, who believe the Court should honor the intentions of the men who wrote the Constitution, have argued that abortion wasn't legal back then — and so no one should pretend to find a "right" to abortion in their text. Supporters of Roe v. Wade often have accepted the originalists' version of history, while arguing that the interpretation of the Constitution needs to evolve over time with our values. Tang argues, though, that actual abortion law in most states in the 18th and 19th centuries was not what conventional wisdom assumes. That leads him to propose a kind of legal compromise: keeping abortion legal during the first 15 weeks of gestation and making it illegal thereafter. Whether you support or oppose a right to abortion may not change based on his op-ed. But I think you will find it fascinating and thought-provoking. Thanks for reading. Contrary to the assertion of abortion opponents, at the time the 14th Amendment was ratified most states allowed abortion until "quickening," around 15 weeks. By Aaron Tang ● Read more » | | | Removing or restricting queer books in libraries and schools is like cutting a lifeline for queer youth. By Maia Kobabe ● Read more » | | | | Maia Kobabe's memoir "Gender Queer" is being challenged in school districts across the country, including in Northern Virginia. 'Please, Go On' Podcast ● By James Hohmann ● Read more » |    | | | Colvin, 82, is headed to court in Montgomery, Ala., to petition for her record to be cleared. By Michele L. Norris ● Read more » | | | This thing is going to be close. Power Ranking ● By The Ranking Committee ● Read more » | | | NFL Commissioner Roger Goodell's explanation for why there will be no release of materials into investigation of Washington Football Team is not sufficient. By the Editorial Board ● Read more » | | | Frances Haugen loves Facebook, she swears. And that makes her story compelling. By Molly Roberts ● Read more » | | | | Data from the FDA refutes the false narrative that children are not at risk of covid-19. By Leana S. Wen ● Read more » | | | | | |
Email 
No comments:
Post a Comment