Previously, I had written about the Supreme Court overturning Roe v Wade. I do not believe an originalist interpretation of the Constitution makes sense or at least should not be the most important consideration.
But some Justices on the Court seem to believe that the interpretation of the Constitution and laws should be based on 18th or 19th century beliefs. Or guesses as to what we think was believed.
But here is a bit of the relevant history.
The first state law on abortion was in 1821. Many states banned abortion in the 1860-1880 era. In other word, abortion was legal everywhere in the US before 182i and in moist states before the civil war.
If you would like to know more, you want to check these brief histories:
- Johns Hoskins https://magazine.jhsph.edu/2022/brief-history-abortion-us
- National Geographic https://www.nationalgeographic.com/history/article/the-complex-early-history-of-abortion-in-the-united-states
- History.com https://www.history.com/news/reproductive-rights-timeline
- ABC News https://abcnews.go.com/Politics/abortion-america-visual-timeline/story?id=85588254