Some of the sources for Justice Alito sure didn't think much good about women - witches.
www.esquire.com
On the walls of the Massachusetts State House, there are portraits of past governors going all the way back to John Winthrop’s establishment of the colony back in 1630. And, let me tell you, these are some truly terrifying old white dudes, in their black suits with those high, ruffly collars. A casual visitor from, say, Mars would conclude that, in its early days, the Commonwealth (God save it!) was presided over by a succession of vampire ice sculptures.
I thought about these cats on Wednesday night when Lawrence O’Donnell explained to his audience that, in his now-infamous draft opinion, Justice Samuel Alito cited the work of one Sir Edward Cooke who, in 16-freaking-44, declared abortion to be a crime. O’Donnell made the salient point that Cooke also was deeply involved in actual witch trials, so maybe we can do better for legal theory in 2022 than a guy who practiced law under Charles I.
This prompted curiosity as to what other Cromwellian nightmares contributed to an opinion eliminating a constitutional right in the United States of America in 21st century. Lo and behold, right after citing Cook, Alito summoned the ghost of Sir Matthew Hale, who was a real beauty, bless his heart, several times throughout his draft. For example:
Justice Alito Cited a Few Cromwellian Nightmares In His Draft Opinion
Justice Alito Cited a Few Cromwellian Nightmares In His Draft Opinion
Maybe we can do better for legal theory in 2022 than a guy who practiced law under Charles I.
I thought about these cats on Wednesday night when Lawrence O’Donnell explained to his audience that, in his now-infamous draft opinion, Justice Samuel Alito cited the work of one Sir Edward Cooke who, in 16-freaking-44, declared abortion to be a crime. O’Donnell made the salient point that Cooke also was deeply involved in actual witch trials, so maybe we can do better for legal theory in 2022 than a guy who practiced law under Charles I.
This prompted curiosity as to what other Cromwellian nightmares contributed to an opinion eliminating a constitutional right in the United States of America in 21st century. Lo and behold, right after citing Cook, Alito summoned the ghost of Sir Matthew Hale, who was a real beauty, bless his heart, several times throughout his draft. For example:
Hale also was a witch hunter, sending women off to the loving arms of judicial murder. And, finally, Hale was fundamental to the development of the legal theory that there was no such thing as marital rape.
Hale’s argument prevailed everywhere in the United States until the 1990s, and it still informs sentences in benighted jurisdictions to this day. It’s important to remember that Hale is still considered to be one of the giants of Western jurisprudence. (Where is gender studies when you need it?) He certainly had a deft political hand, navigating the English Civil War without taking a firm position on either side. Hale advised Charles I during the latter’s trial and yet subsequently, he was made a judge by Oliver Cromwell. And this, from a contemporaneous account of one of Hale’s witch trials, is an indication of how this giant of the law did business.
Alito writes extensively in his decision about how rights have to be “deeply rooted” in American law in order to be considered valid. He does this in an opinion that is “deeply rooted” in the misogyny of the 17th century, I’m surprised he didn’t make the plaintiffs in the case close their fists.
