The 13th Amendment might have the possibility of safeguarding the right to abortion for women.
A suggestion was made by Judge Colleen Kollar-Kotelly of the United States District Court for the District of Columbia that the 13th Amendment to the Constitution, which ended slavery, might still safeguard the federal right to abortion.
In light of the recent controversial decision by the Supreme Court to overturn its ruling in Roe v. Wade, Judge Kollar-Kotelly's order could significantly affect the future of reproductive rights in the United States.
13th Amendment: Federal Judge Kollar-Kotelly challenges the ruling
According to CNBC, the federal judge, Colleen Kollar-Kotelly, has raised the possibility of a constitutional right to abortion that could be protected by the 13th Amendment.
This is a significant development, as the recent Supreme Court ruling in Dobbs v. Jackson Women's Health Organization only addressed the issue of the 14th Amendment and did not provide a definitive answer on whether other parts of the Constitution might protect such a right.
The judge's request for arguments in the criminal case against anti-abortion activists highlights the ongoing debate and legal discussions around the issue of abortion and reproductive rights.
This case involves charges against activists accused of obstructing access to an abortion clinic in Washington, D.C.
Politico reports that by asking the parties to present arguments on the matter, the judge is allowing them to provide evidence and legal reasoning on whether the 13th Amendment provides a constitutional right to abortion.
This could lead to a more in-depth examination of the issue by the courts and potentially result in a significant ruling.
Furthermore, Kollar-Kotelly's request to consider the 13th Amendment in the context of abortion rights is significant because it acknowledges the possibility that the Supreme Court may have missed a crucial aspect of the Constitution when it made its recent ruling in Dobbs v. Jackson Women's Health Organization.
This opens up a new avenue for legal discussions and challenges the prevailing thinking on the issue of abortion and reproductive rights.
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The 13th Amendment protects the right to abortion
The judge argued that the amendment's prohibition against involuntary servitude could provide a basis for the right to abortion, as the idea of being compelled to carry and bear children could be considered a form of involuntary servitude.
The judge referenced the argument made by legal scholar Andrew Koppelman, who has written that the 13th Amendment could offer a textual basis for the right to abortion.
According to the Constitution Annotated, the 13th Amendment prohibits slavery and involuntary servitude, except as a punishment for a crime of which the individual has been convicted.
The Supreme Court's prior ruling in Roe v. Wade was based on the due process clause of the 14th Amendment, which guarantees certain rights, including protection against the government taking away a person's life, liberty, or property without due process of law.
However, Judge Kollar-Kotelly's order suggests that the 13th Amendment could provide another avenue for protecting the right to abortion.
The Supreme Court's prior ruling in Roe v. Wade was based on the due process clause of the 14th Amendment, which guarantees certain rights, including protection against the government taking away a person's life, liberty, or property without due process of law.
However, Judge Kollar-Kotelly's order suggests that the 13th Amendment could provide another avenue for protecting the right to abortion.
This order could lead to federal legal challenges based on the 13th Amendment against state laws restricting access to abortion.
