Opinion The U.S. has already experienced a century of criminalized abortion. If abortion is criminalized once again in the 21st century, history tells us what we can expect — whether or not the Supreme Court chooses to take that history into consideration.
submitted to the Supreme Court by two major professional associations of historians in the United States, representing the views of more than 10,000 scholars and teachers. Yet in his draft opinion, Alito relies instead upon just one legal writer, whose work most scholars reject because it “,” and he conveniently dismisses the significance of quickening in a footnote.
The physicians’ anti-abortion movement was driven by a small group of highly educated white men who formed the American Medical Association in the 19th century. At the time, physicians did not enjoy the status and authority associated with the profession today. Rather, many mid-19th-century Americans, especially middle-class mothers, criticized these doctors for their treatment methods, which they saw as “violent” and excessive.
Yet Alito again dismisses the historical record, saying that the hostility to immigrants and women expressed by Storer were merely the words of “one prominent opponent.” But Storer’s statements and actions were the underlying force that drove the passage of the laws that criminalized abortions; state and local medical societies used his essays, data, memorials and letters to convince state legislatures and governors of the necessity of making abortion at all stages of pregnancy a crime.
That fact, true over the entire century of criminalized abortion, reveals that the official pronouncements denouncing abortion made by medical leaders obscured genuine and significant differences in thought and practice within the medical profession. The claims to moral superiority made by medical leaders and their societies masked a reality in which abortion in early pregnancy was not only commonplace but widely regarded as morally acceptable.
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