Permit an excerpt of an established public restriction on human rights prior to Roe.
The 1578 edition of the Directorium Inquisitorum (a standard Inquisitorial manual) spelled out the purpose of inquisitorial penalties: ... quoniam punitio non refertur primo & per se in correctionem & bonum eius qui punitur, sed in bonum publicum ut alij terreantur, & a malis committendis avocentur (translation: "... for punishment does not take place primarily and per se for the correction and good of the person punished, but for the public good in order that others may become terrified and weaned away from the evils they would commit").
Per chance, could Alito be referring to this?
Abortion prior to movement in the womb (quickening) was legal in the colonies and early America.
But in pages 17 to 19 of the
Initial Draft, Alito jumps across the pond to reference English judges like Coke, Hale, and Blackburn, to contend that even pre-quickening abortion was not entirely pardoned by law.
Most sources, however, contend that when waxing nostalgic about the original status of affairs in North America... Only pregnancy beyond circa 14 to 20 weeks was protected from the herbal medicines, sharp instruments, and vigorous massages of the trade.
It was the physicians of the latter 19th-century who were the primary force in getting abortion incrementally criminalized, before the quickening stage.
Partly from a desire to drive traditional folk and amateur practitioners (homeopaths) further out of business. That was on the tail end of poison-control laws passed in earlier decades to reduce the sale of sometimes fatal commercial preparations, which included a booming market of abortifacients. Thus, indirectly bolstering the drive for professional medical care (or what passed for it back then, as outputted by academic institutions).
Quickening was attacked by the antiabortion movement because it "
was based on women's own bodily sensations—not on medical diagnosis. It made physicians, and obstetricians in particular, dependent on female self-diagnosis and judgment".
Another reason they attacked abortion was the nativism of Protestant doctors. Birth rates among Protestants were supposedly declining, while Catholic and immigrant populations were increasing. Apparently, some of them blamed abortion for the downslope in child numbers.
The irony, of course, is that even after campaigning to make it illegal state by state, physicians then proceeded to still offer abortion on the sly. Even in the next century, it's contended that circa several hundred thousand abortions a year were performed during the 1930s by licensed clinicians.
Later, doctors became key proponents in rendering abortion legal again (that trend was occurring before Roe versus Wade).
What the Caduceus took away, it eventually gave back.
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