Abortion: what the Founding Fathers thought about it

Ostler, Duane (2014) Abortion: what the Founding Fathers thought about it. Regent Journal of Law and Public Policy, 6 2: 181-218.

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Name Description MIMEType Size Downloads
Author Ostler, Duane
Title Abortion: what the Founding Fathers thought about it
Journal name Regent Journal of Law and Public Policy
Publication date 2014
Sub-type Article (original research)
Open Access Status
Volume 6
Issue 2
Start page 181
End page 218
Total pages 38
Place of publication Virginia Beach, VA, USA
Publisher Regent University School of Law and Robertson School of Government
Collection year 2015
Language eng
Formatted abstract
In 1973 the United States Supreme Court in Roe v. Wade stated that "at the time of the adoption of our Constitution ... abortion was viewed with less disfavor than under most American statutes currently in effect." While the Court did not discuss the views of the Founding Fathers regarding abortion, the implication is clear: abortion was assumed to be a commonly accepted practice in 1787 America, and therefore must have likewise been acceptable to the Founding Fathers themselves.

This Article takes issue with any such claim. As will be shown, the Founding Fathers were firmly against abortion. Furthermore, both colonial statutory law and the common law of that day were also against abortion...
Q-Index Code CX
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Non HERDC
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TC Beirne School of Law Publications
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Created: Thu, 26 Mar 2015, 11:54:54 EST by Claire Lam on behalf of T.C. Beirne School of Law