Just reading and came across this little tidbit from the Supreme Court. I think it could apply to abortion.
"But historical acceptance of a particular practice alone is never sufficient to justify a challenged governmental action, since, as the Court has rightly observed, "no one acquires a vested or protected right in violation of the Constitution by long use, even when that span of time covers our entire national existence and indeed predates it." Walz, supra, at 678. See also Committee for Public Education Religious Liberty v. Nyquist, 413 U.S., at 792."
Lynch v. Donnelly (1984) 465 U.S. 668, 718-19
To me, this means there is no right to Abortion regardless of how long it has been tolerated.
