'Not only have many legal scholars disputed Alito’s reading of history, they’ve also criticized his reliance on Hale because of what the jurist’s writings reveal about his attitudes toward women.' MsReads via BostonGlobe
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for laying the legal foundation clearing husbands from criminal liability for raping their wives, and for sentencing two women accused of witchcraft to death, a case that served as a model for the infamous Salem witch trials 30 years later.Alito’s invocation of Hale has stunned some lawyers and historians, who say Hale’s discredited ideas have been used for centuries to subjugate women.
In his 98-page draft, Alito approvingly refers to Hale as one of the “eminent common-law authorities,” and cites him more than a dozen times in his argument challenging the historical narrative of abortion laws in the United States.“The right to an abortion is not deeply rooted in the Nation’s history and traditions,” Alito argues in the draft opinion.
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