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The Thirteenth Amendment Doesn’t Provide
Basis for National Abortion Protection

Original Article

Posted By: Moritz55, 8/1/2022 5:28:38 PM

After Dobbs, where can pro-choice advocates look in the Constitution to support abortion? One professor believes she has found the answer in the Thirteenth Amendment, the provision banning slavery that was ratified in the immediate aftermath of the Civil War. Lisa Crooms-Robinson, a professor at Howard University School of Law, reasons out of a wish for Congress to pass the Women’s Health Protection Act of 2021. The bill, among other provisions, would codify the abortion protections found in Roe v. Wade and Planned Parenthood v. Casey, both of which the court just overturned. Congress, like the rest of the national government, possesses only the powers given to it by the

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Reply 1 - Posted by: Quigley 8/1/2022 5:53:21 PM (No. 1234890)
Wouldn’t that work for taxation too? I don’t want to be a tax slave. Anyway I’m sure that the Sup Ct will eagerly correct their oversight and abolish all taxation and mandate abortion for each and every pregnancy since pregnancy is the equivalent of slavery unless you get paid to do it- tax free!
5 people like this.

Reply 2 - Posted by: Plex 8/1/2022 6:01:55 PM (No. 1234898)
No one is forcing a woman to have unprotected sex. Contraceptives are widely available for both men and women. Abortion options are state issues and women can lobby their legislatures to allow abortion or they can get on a bus to a more accommodating state. The federal government has No, None, Nada authority in matters of medicine/health, see Article 1 section 8. Any amendment would have to explicitly give it that authority, not a penumbra.
6 people like this.

Reply 3 - Posted by: lakerman1 8/1/2022 6:54:39 PM (No. 1234933)
Let me see if I understand the professor's logic. The 13th amendment, freeing black slaves, she argues, can be used to justify the killing of unborn black babies. Wow. Just wow.
4 people like this.

Reply 4 - Posted by: DVC 8/1/2022 7:19:16 PM (No. 1234960)
Desperate to "Kill The Babies!", they do stupid and nonsensical things....like this claim in the 13th Amendment.
2 people like this.

Reply 5 - Posted by: jimincalif 8/1/2022 7:27:58 PM (No. 1234970)
The author makes a good case for why 13A doesn’t apply. If the left wants to start down this path, 13A could be used to undermine their “healthcare is a right” talking point. Healthcare isn’t some naturally occurring substance, it is the labor of healthcare providers. Isn’t granting someone the legal right to another person’s labor is akin to slavery?
3 people like this.

Reply 6 - Posted by: gramma b 8/1/2022 7:35:49 PM (No. 1234980)
I was on the team that defended Utah's abortion statute in the early 90's . They tried a 13th Amendment "forced pregnancy" argument then too. It was rejected, needless to say. So there's nothing original about this broad's idea.
2 people like this.

Reply 7 - Posted by: Jethro bo 8/1/2022 8:47:16 PM (No. 1235033)
This from the brilliant quota professor that wrote ground breaking articles like (not making this up!), 'All man come together and said boys mus’ dead”: Hyper-heterosexuality, Afro-Jamaican Culture, and the 1997 Condom Riots','Remembering the Days of Slavery: Plantations, Reparations, and Contracts', & the ground breaking 'The Violence of Gender and the Gender of Violence: Law, Gender and Violence '. Does this sound like a constitutional expert or a political creature?
0 people like this.

Reply 8 - Posted by: Venturer 8/1/2022 11:12:27 PM (No. 1235112)
Howard University A joke.
0 people like this.

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After Dobbs, where can pro-choice advocates look in the Constitution to support abortion? One professor believes she has found the answer in the Thirteenth Amendment, the provision banning slavery that was ratified in the immediate aftermath of the Civil War. Lisa Crooms-Robinson, a professor at Howard University School of Law, reasons out of a wish for Congress to pass the Women’s Health Protection Act of 2021. The bill, among other provisions, would codify the abortion protections found in Roe v. Wade and Planned Parenthood v. Casey, both of which the court just overturned. Congress, like the rest of the national government, possesses only the powers given to it by the
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