A to-the-point, vociferous condemnation of the leaked Supreme Court draft.
It is now the middle of 2022, and we have just been shown a leaked opinion of the Supreme Court of the United States that would overthrow settled law of 50 years on the grounds that abortion is not mentioned in the Constitution, and is not “deeply rooted” in our “history and tradition.” True enough. The Constitution has nothing to say about women’s reproductive health. But the original document does not mention women at all.
Women were deliberately excluded from the franchise. Although one of the slogans of the Revolutionary War of 1776 was “No taxation without representation,” and government by consent of the governed was also held to be a good thing, women were not to be represented or governed by their own consent—only by proxy, through their fathers or husbands. Women could neither consent nor withhold consent, because they could not vote. That remained the case until 1920, when the Nineteenth Amendment was ratified, an amendment that many strongly opposed as being against the original Constitution. As it was.
Women were nonpersons in U.S. law for a lot longer than they have been persons. If we start overthrowing settled law using Justice Samuel Alito’s justifications, why not repeal votes for women?