> Thus, the court then reverts to history, which abortion has been historically highly illegal
Which history? Under English common law, abortion was allowed until 20 weeks, and that persisted in the US until the mid-to-end 19th century. Then a century of bans, then Roe v Wade, and now blanket bans. There is far more "abortion is allowed until X" history than anything else.
I believe they're referencing the first ~150 some years of US history. Again, I'm just pulling from the ruling. They accused Roe of rewriting history, and Casey eschewing it as a result.
Also, this is not a "blanket ban", that would be a misinterpretation of the ruling. Instead, states now choose (aka "the people"). Not that I support it, but words matter.
Their point was Alito rewrote history in this ruling. And they didn't say the bans before Roe or after Dobbs were from the Supreme Court. States passed blanket bans.
Which history? Under English common law, abortion was allowed until 20 weeks, and that persisted in the US until the mid-to-end 19th century. Then a century of bans, then Roe v Wade, and now blanket bans. There is far more "abortion is allowed until X" history than anything else.