Full scorched earth

Alito cited Matthew Hale in his draft. Who? Bess Levin at Vanity Fair has the deets:

As Slate’s Mark Joseph Stern notes, the draft—which could change before a the final ruling, as could the various justices’ votes—doesn’t just lay out the case for why Roe should be overturned, it goes full scorched earth. Alito, Stern writes, “does not seek out any middle path. He disparages Roe and its successors as dishonest, illegitimate, and destructive to the court, the country, and the Constitution. He quotes a wide range of anti-abortion activists, scholars, and judges who view abortion as immoral and barbaric; there’s even a footnote that approvingly cites Justice Clarence Thomas’s debunked theory that abortion is a tool of eugenics against Black Americans.” The opinion is an appalling, heinous attack on people who have relied on Roe for nearly half a century, and the most sickening part is that the conservative justice clearly doesn’t give a shit that obliterating the landmark ruling will ruin countless lives. In fact, one might argue, that’s all part of the plan. And if you needed further proof that Alito is pure evil and wants to take the U.S. back to a time when women’s bodies were property for men to control, know that one of the people he cited in his opinion was an English jurist who defended marital rape and had women executed for “witchcraft.”

Yes, Alito literally quoted this guy, who was born in 1609, as a defense for ending Roe v. Wade in 2022. “Two treatises by Sir Matthew Hale,” Alito enthusiastically writes, “described abortion of a quick child who died in the womb as a ‘great crime’ and a ‘great misprision.’ See M. Hale, Pleas of the Crown.”

Well if Matthew Hale said it it must be true.

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