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Memories

Before getting into subject, I would put money on the leak of the Supreme Court draft to have been perpetrated by Virginia Thomas. The old copper in me sees motive and opportunity. I don’t see even a slightly reputable media outlet publishing based on a rogue clerk.

Like anyone who stayed awake for American History, Tom Sullivan noticed the similarity between the battle over slavery and the battle over abortion. He is dead on that the anti-abortion states are going to want a new version of the “Fugitive Slave Act” so they can go after women who leave their states for a medical procedure in another state.

An opinion piece at NBC News 8 legal reasons to dislike Justice Alito’s draft opinion on abortion by Caroline Mala Corbin, professor of law at the University of Miami School of Law gives a professional’s view of Alito’s draft.

Alito’s logic is supposedly based on the wisdom of Sir Matthew Hale which we can find in the volume he wrote on 17th century English Common Law, The History and Analysis of the Common Law of England:

The book dealt with the criminal capacity of infants, insanity and idiocy, the defence of drunkenness, capital offences, treason, homicide and theft. Hale endorses the application of capital punishments to children in Historia, writing that “it is clear that an infant above fourteen years is equally subject to capital punishments as others of full age; for it is presumptio juris, that after fourteen years they are doli capaces, and can discern between good and evil”.

Hale’s writings on witchcraft and marital rape were extremely influential. In 1662, he was involved in “one of the most notorious of the seventeenth century English witchcraft trials”, where he sentenced two women (Amy Duny and Rose Callender) to death for witchcraft. The judgment of Hale in this case was extremely influential in future cases, and was used in the Salem witch trials to justify the forfeiture of the accused’s lands. As late as 1664, Hale used the argument that the existence of laws against witches is proof that witches exist.

So if DeMentis passes a law against unicorns and dragons, unicorn and dragons exist. This is “astute legal reasoning?”

I’m old enough to remember how abortion became a national issue. The Supreme Court decided that separate was not equal and schools had to desegregate. In many areas of the South they closed the public schools rather than comply and “Christians”, like Jerry Falwell, opened all white “Christian” schools. Things went along for a while until the IRS decided that segregated schools could no longer qualify for tax exempt status. Upset by the ruling “Christian leaders” felt they needed to get involved in politics, chose an anti-abortion stance as the way to raise funds and and build a voter base. The Moral Majority, which was neither, was born.

Roe v. Wade was a 7-2 decision, and now 5 would eliminate it and then go on to steal more rights from citizens.

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