The Ruling in Dobbs and the 13th Amendment

The Constitution of the United States of America

AMENDMENT XIII

Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.
Congress shall have power to enforce this article by appropriate legislation.

Passed by Congress January 31, 1865. Ratified December 6, 1865.

An astute constitutional originalist or textualist might easily conclude that ‘forced pregnancy’, such as that which African slave girls and women were routinely subjected to, may be subsumed into the phrase; “involuntary servitude”.

This would make the ruling in the Dobbs case, which forces women into giving birth regardless of the circumstances resulting in pregnancy, unconstitutional on its face as violative of the 13th Amendment.

The current Democratic Congress needs to do away with the filibuster and codify Roe before it’s too late…

We simply cannot afford to wait fifty years for the ruling in Dobbs v Jackson to be overturned as it is most likely to be found, over time, to be  “egregiously wrong”.

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