Samuel Alito: “There’s nothing in the Constitution that says a woman has the right to an abortion.”
Well, you know what else isn’t in the Constitution? Nine justices on the Supreme Court.
(1/)
Well, as #UnJustice #Alito enjoys citing primeval #legal documents so much, I think I can raise his #Constitution citation by a way older #American document:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
--
That ...
https://www.archives.gov/founding-docs/declaration-transcript
@HistoPol @Strandjunker Alito is taking that literally… men, not women!
#Legal status of women in the late 18th century
#LawFedi #FediLaw
(1/n)
Granted, #Justice #Alito would most likely prefer to interpret it that way. However, this would be historically and legally incorrect.
1. The earliest version of Webster's Dictionary from 1828 also had the meaning of "man/"men meaning "mankind:
https://webstersdictionary1828.com/Dictionary/Men
(Sense 2.)
2. While married women's property mostly became a husband's property, husband and wife were...
@KimSJ @argv_minus_one @Strandjunker
#Legal status of women in the late 18th century
#LawFedi #FediLaw
(2/n)
considered as one legal entity, one of them could only be the other's property if (s)he had been a slave before the wedding.
One of the key aspects of private property is that the owner can sell it and often even destroy it.
In the #UK, there actually, in fact, the institution of #WifeSelling (e.g., unfaithful ones. However, AFAIC, this habit was never transferred to (common) law..
@KimSJ @argv_minus_one @Strandjunker
#Legal status of women in the late 18th century
#LawFedi #FediLaw
(3/n)
...in the Colonies, much less in the #USA.
I recommend this interesting thread for more details:
https://law.stackexchange.com/questions/22640/have-wives-ever-been-legally-a-mans-property-in-the-us
So, married women had greatly diminished right, but they were people, i.e. "men" / part of mankind, unlike slaves.
That said, having read (very) few of his opinions, he'd probably like to interpret the Declaration...
@KimSJ @argv_minus_one @Strandjunker
#Legal status of women in the late 18th century
#LawFedi #FediLaw
(4/4)
...that way.
(Full disclosure:
I'm not a constitutional lawyer.)
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