From the dissenting opinion of William H. Rehnquist (1924-2005) in Roe v. Wade, January 22, 1973:
"To reach its result, the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment.
As early as 1821, the first state law dealing directly with abortion was enacted by the Connecticut Legislature.
By the time of the adoption of the Fourteenth Amendment in 1868, there were at least 36 laws enacted by state or territorial legislatures limiting abortion.
While many States have amended or updated their laws, 21 of the laws on the books in 1868 remain in effect today.
There apparently was no question concerning the validity of this provision or of any of the other state statutes when the Fourteenth Amendment was adopted.
[T]he drafters did not intend to have the Fourteenth Amendment withdraw from the States the power to legislate with respect to this matter."
May he rest in peace.
May he rest in peace.
