Stop Online Violence Against Women has been analyzing the leaked draft opinion and has discovered what might not be readily understood: 50 of the 51 state laws cited were passed prior to women’s suffrage. But more importantly, a majority (31) were passed into law at the time of slavery when Black women were considered property, not only for financial means but also to support the feeding and birthing of their Master’s progeny.
Alito relies on the subjugation of women in general and Black women in particular, to make an argument against the right to choose. But the argument extends well beyond reproductive rights.
Take a look at the historical context for the laws he cites to make a subtle, but pointed argument that supports the return to anti abortion laws that were occurred during slavery (Updated July 2022):
Below is a video of Shireen Mitchell explaining the challenges here:
Key citations in the leaked opinion is footnote 41:
Updated footnote 41:
And include where the citations begin on page 68: