Antonin Scalia: Death Penalty, Abortion, 'Homosexual Sodomy' Are Easy Cases

"The death penalty? Give me a break. It's easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state," Scalia said at the American Enterprise Institute.

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At the time of the founding of the nation, abortion was prevalent and legal.  Women sought out midwives and pharmacists (herbal abortofacients) to terminate pregnancies.  

The first anti-abortion laws (early 1800s) were like everything else in this country - about curtailing commerce of one group over another.  Physicians and surgeons, in the early days of organizing themselves into a legitimate profession, wanted to supplant midwives and pharmacists as providers of abortions.  They lobbied legislators to outlaw abortions performed by anyone but physicians and surgeons.  Physicians argued that their interest was in saving women's lives.  
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