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| Frontispiece from Matthew Hopkins' The Discovery of Witches (1647), showing witches identifying their familiar spirits for the Witch Finder. Via Wikipedia. |
Hi, it's Stupid to criticize Justice Alito for citing a 17th-century jurist just because the jurist, Lord Edward Coke, happened to be an advocate of marital rape and had ordered women to be executed for witchcraft. After all, marital rape and the execution of witches are deeply rooted in our nation's history and traditions too! Besides, why should we suppose his views on these matters are even relevant in any way to his views on abortion?
Alito notes that
The “eminent common-law authorities (Blackstone, Coke, Hale, and the like),” Kahler v. Kansas, 589 U.S. __, —_ (2020) (slip op., at 7), all describe abortion after quickening as criminal. Henry de Bracton's 13th-century treatise explained that if a person has “struck a pregnant woman, or has given her poison, whereby he has caused an abortion, if the foetus be already formed and animated, and particularly if it be animated, he commits homicide.” H. Bracton, De Legibus et Consuetudinibus Angliae...
Although what Coke says, in fact, contra Bracton, is that it is not homicide, unless the child dies after being born, because while within the womb the fetus isn't really a person, a "reasonable creature", a thing in rerum natura, in the world of natural beings, and under the King's peace, that is a member of society:


