Op-Ed: The Supreme Court flunks abortion history


Publish Date:
May 5, 2022
Los Angeles Times
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All of this undermines the leaked opinion. Prominent originalists, including Michael McConnell, at Stanford, and Randy Barnett and Evan Bernick, at Georgetown and Northern Illinois University, respectively, have presented significant evidence that the 14th Amendment’s original meaning protects all rights that a substantial majority of states have respected over a lengthy period of our nation’s history. The right to pre-quickening abortion fits comfortably within that definition; it was respected by every single state at the founding, and by a supermajority when the 14th Amendment was ratified. Recognizing such a pre-quickening abortion right would be quite significant: Data show that 96% of abortions in America today occur before the 16-week mark.

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