American Society for Legal Historians
U.S. Supreme Court Samuel Alito’s history of abortion differs from historians and Indigenous reproductive leaders
U.S. Supreme Court Justice Samuel Alito provided a history of abortion rights in the U.S. in his draft opinion for Dobbs v. Jackson Women’s Health Organization. His narrative, aimed at why the medical procedure should no longer have federal protection, focused on states making the medical practice illegal in the late 1800s and early 1900s. But both Indigenous people and historians have a more nuanced narrative. Alito noted when each state in the U.S. codified laws regulating abortion. New Mexico outlawed the procedure in 1919.