As Ed Whelan notes, one of the dumbest lines of criticism of Justice Alito’s draft opinion in Dobbs is that he cites Sir Matthew Hale on the common law’s treatment of abortion even though Hale held various opinions now widely understood to be terrible. (Whelan further notes that Justices Breyer and Kagan have cited Hale too.) Relatedly, critics have asked why we should care what these ancient figures, with their unfamiliar diction, thought about abortion.
You know who else talked a lot about the common-law writers on abortion? Justice Harry Blackmun in Roe v. Wade, that’s who. Alito could not explain his vote to overturn Roe without explaining what Blackmun got wrong — which, on the common law, was a lot.
If you’d like to see someone thoughtfully and persuasively address the best criticisms of Alito’s opinion, on the other hand, check out this (long but very good) post by Sherif Girgis.