The bill is breathtaking, with gender-inclusive language, intersectional and reproductive justice framing and references to international human rights norms, and it makes access to abortion services a matter of women’s equality. President Joe Biden announced on Thursday that he would support temporarily removing the filibuster’s 60-vote threshold in the Senate to get legislation protecting abortion passed.
Well this person is clearly deranged already
We need a new plan, and the 13th Amendment might be the answer. To satisfy the most ardent originalists who demand some textual basis for both individual rights and congressional authority to legislate, this plan would have to put Black people at the center of their legislative efforts in ways that Roe’s original privacy-based right did not.
What does this have to do with abortion?
Since the court decided Slaughter-House Cases in 1873, it has been accepted that the original intent of the framers of the 13th Amendment was to benefit those who were formerly enslaved. The 13th Amendment not only establishes declaratory freedom but also grants Congress all the power it needs to enact legislation that undoes slavery, as well as its “badges and incidents,” as the court has put it. Although neither the court nor Congress has set forth an exhaustive list of those badges and incidents, in 1968, the court found Congress has the authority to enact legislation aimed at alleviating the institution’s “burdens and disabilities.”
Ah so now abortion is necessary because slavery?
Denying the rights of reproductive health and choice, bodily integrity and personal autonomy was essential to U.S. slavery, which recognized enslavers’ complete dominion over the people they enslaved. U.S. slavery also forced enslaved women to reproduce, which fueled the domestic slave trade after the official prohibition on the importation of enslaved people into the U.S. in 1808.
And how does this allow you to murder babies?
enact reasonable laws that protect these rights today. Just as slavery branded all Blacks with slavery’s “badges and incidents,” regardless of status, Blackness rather than any other aspect of identity would trigger rights protected by any law enacted by Congress using its enforcement power under the amendment today. The 14th Amendment’s equal protection guarantee, meanwhile, would allow non-Black people to assert their right to enjoy the same rights the 13th Amendment grants to Black people as a matter of racial equality.
This is considered a rational argument from a law professor.
To be clear, this is not a claim that forced pregnancy, which occurs when abortion is not an option, and the absence of the full spectrum of other reproductive justice rights is analogous to slavery. Nor is it a plea for equality regardless of sex or gender. Rather, it is a direct claim that a law protecting Black people’s reproductive health is essential to Black freedom because enslavement denied Black people rights, including those recognized in Roe.
No, you just said a bunch of words that made no sense contextually.
Well this person is clearly deranged already
What does this have to do with abortion?
Ah so now abortion is necessary because slavery?
And how does this allow you to murder babies?
This is considered a rational argument from a law professor.
No, you just said a bunch of words that made no sense contextually.
If the court decided this way, affirmative action and all programs to benefit one race exclusively would have to be open to people of all races.