I’m 28 pages into the Alito draft (98 pages total).

Early on he disses the 1973 court for relying on ancient history, then proceeds to cherry-pick ancient history for a framing more consistent with his bias. That seems a little weird.

But more importantly, Alito makes a case that in U.S. history antipathy to abortion was the norm, and cites some very obscure (to me) authorities on the subject. The person he cites the most (cherry-picks) is a man who wrote a book on abortion history in 2008… his name slips my mind. That guy relies heavily on “custom and culture” but does not really explain the variety of rationales that abortion laws were born of.

The one thing that stood out, though, is virtually all of the custom and culture was from a period prior to 1920, when women first gained the right to vote. Women were lesser beings, chattel whose main purpose was being a vessel for reproduction.

So I’m guessing RBG’s view that the primary issue in the right to choose dispute is/should be definitely a matter of equal rights for the sexes.


You never change things by fighting the existing reality.
To change something, build a new model that makes the old model obsolete.
R. Buckminster Fuller