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No, Being A Mother To Your Unborn Baby Is Not The Same As Slavery
The Federalist ^ | 02/13/2023 | Nathaniel Blake

Posted on 02/13/2023 11:06:04 AM PST by SeekAndFind

The claim that an undesired pregnancy is slavery implies that our very existence is a form of slavery or imprisonment.

Motherhood isn’t slavery. This ought to be obvious, but after the Dobbs decision overturning Roe v. Wade, the left has pushed a variety of bizarre legal theories as they scramble to ensure that elective abortions continue unabated across the country. They just got a federal judge to consider one of the looniest legal theories — the sort of theory that shouldn’t be heard outside of a mediocre law professor’s late-night conversations with her cats after hitting the wine box a bit too hard — which is that pregnancy is slavery, and therefore the 13th Amendment confers a right to abortion. 

Colleen Kollar-Kotelly, a district court judge appointed by Bill Clinton, has ordered briefing on the question of whether, despite the Dobbs decision, there might be a constitutional right to abortion, perhaps conferred by the 13th Amendment. This inquiry is unnecessary to resolve the immediate questions in the case, which is about an alleged conspiracy to block access to an abortion facility. It also ignores the plain text of Dobbs, which states that “the Constitution does not confer a right to abortion.” As my colleague Ed Whelan put it, “This silly order by Judge Kollar-Kotelly is a frolic and detour.”

Lawyers recognize that, judicially, this is going nowhere. But as the legal counterpart to abortion supporters’ rhetoric about “forced birth,” this argument is illuminating. Its efforts to justify abortion reveal a bitter worldview that spitefully rebels against the nature of human existence itself.

The legal reasoning of this theory is that an unwanted pregnancy is, in the words of the 13th Amendment, a form of “slavery or involuntary servitude” because in an unwanted pregnancy, a woman’s body is used by another (that is, the child developing inside her) without her consent. Furthermore, per this argument, consenting to sex is not consenting to pregnancy, even though it is a foreseeable possibility. Consequently, women require a right to abortion in order to escape from the service of an unwanted pregnancy.

As with many insane theories, there is an internal logic to this argument. Pregnancy and childbirth impose burdens and risks on women, regardless of whether a woman welcomes them. The lunacy comes from intentional obliviousness to everything besides this short chain of reasoning.

No one at the time the 13th Amendment was written and ratified thought it included unwanted pregnancy as a form of involuntary servitude. And they were right. It is madness to regard a developing human in the womb as an intrusive stranger with no claim upon a woman. It is crazy to believe that the ordinary, natural processes of human reproduction are the moral and legal equivalent of slavery. 

The burdens and dangers of pregnancy are nothing like slavery because they are totally different things. The attempt to equate the two is revealing, however, insofar as it presumes a philosophy where we exist as disconnected, atomized individuals, with no moral claims upon each other except for what we have consented to. This takes liberal political theory to an absurd extreme, suppressing the reality that we are interdependent beings. Freedom and rationality are not our natural state but are only partially obtained for a portion of our life, and then only through the unearned aid of others.

Recognizing this truth about ourselves points us toward the moral truth that the dependence of others confers moral obligations upon us, obligations that are strengthened by the proximity of need and the exclusivity of our ability to meet it. Contrary to the claims of abortion advocates, the mother must provide for the child in her womb precisely because only she, and no one else, can do so.

Abortion supporters regard pregnancy as deeply unfair to women, who endure far more than men when it comes to bearing children, and often when it comes to raising them too. And from the perspective of undifferentiated, autonomous individualism, they are right; it is unfair. But so is life, the universe, and everything. Thus, a quarrel that begins with the reproductive realities of being a woman extends to existence itself, with all of its givenness and contingency, with all of its blessings, burdens, and curses unequally distributed. Life is also filled with relationships and consequent moral obligations and demands that we did not choose.

The claim that an undesired pregnancy is slavery implies that our very existence is a form of slavery or imprisonment. This view is a persistent, if rarely fully articulated, part of our culture, and there are many who are willing to take on the role of a cosmic Karen complaining to the management they doubt exists. 

This is a miserable way to live. Someone who regards his or her natural, healthy body as a prison cannot be happy. Judges and scholars who equate motherhood and slavery reveal far more about the hardness of their hearts than they do about the law.


Nathanael Blake is a senior contributor to The Federalist and a postdoctoral fellow at the Ethics and Public Policy Center.


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; Philosophy
KEYWORDS: abortion; nother; originalism; prolife; textualism; unborn

1 posted on 02/13/2023 11:06:04 AM PST by SeekAndFind
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To: SeekAndFind
It is unfair. But so are life, the universe, and everything.

This man has definitely been reading the right books.
2 posted on 02/13/2023 11:24:21 AM PST by Category Four (Joy, Fun, the Joke Proper, and Flippancy ... Flippancy is the best of all.)
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To: SeekAndFind

What do some people feel is the happiest day of their lives?

A) Finding out that they are expecting a baby?
B) Finding out that they are a slaves, simple chattel to be disposed of as their owner sees fit?


3 posted on 02/13/2023 11:28:33 AM PST by ClearCase_guy (“You want it one way, but it’s the other way”)
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To: Category Four

I want to know what part of the Constıtutıon confers the rıght of a woman to have unlımıted consequence-free sex.


4 posted on 02/13/2023 11:43:57 AM PST by arthurus (||covfefe||)
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To: SeekAndFind

A lot of people think responsibility = slavery.


5 posted on 02/13/2023 12:10:58 PM PST by SaxxonWoods (The only way to secure your own future is to create it yourself. 111 is the key.)
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To: SeekAndFind

Slavery is having to live in the same world as these insane socialists.


6 posted on 02/13/2023 12:20:02 PM PST by higgmeister (In the Shadow of The Big Chicken!)
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To: SeekAndFind

Stupid people act as if they don’t know how pregnancy occurs. It is easily preventable. Slavery isn’t


7 posted on 02/13/2023 12:51:41 PM PST by Nifster ( EI see puppy dogs in the clouds )
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To: SeekAndFind

Are these people serious?

They would go into court, and claim that pregnancy is “involuntary servitude”, banned by the 13th amendment?

And then, since pregnancy is involuntary servitude, it stands to reason that abortion must be permitted??? What the heck???


8 posted on 02/13/2023 12:51:56 PM PST by Dilbert San Diego
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To: SeekAndFind

To socialists, it is.


9 posted on 02/13/2023 1:34:36 PM PST by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: Secret Agent Man

I think that any woman who truly feels that way should have a hysterectomy. They would not ever have to worry about having an abortion.


10 posted on 02/13/2023 1:44:45 PM PST by DejaJude (I'll be back.)
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To: SeekAndFind

Is paying child support slavery?


11 posted on 02/13/2023 2:30:42 PM PST by AndyTheBear
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To: ClearCase_guy

Hummm, this sounds like anyone can abort any other person who gets on their nerves.


12 posted on 02/13/2023 2:59:42 PM PST by WVNan
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To: Dilbert San Diego

The depravity of the progressive mind has no limit, the depth is endless. Yes, they are as serious as a heart attack with this.

Honestly, I’m a little shocked that they didn’t have this line ready to go prior to the Dobbs decision for immediate use the very next day. But this just goes to show how Originalism is the only truly conservative judicial philosophy. The 13th Amendment is general enough that it wouldn’t even require all that much judge shopping for this one.

Originalism links this ultimately to the transatlantic slave trade, people of African descent, etc. Textualism only cares for the 46 written words and is completely absent any sort of context whatever.


13 posted on 02/13/2023 7:10:56 PM PST by ProgressingAmerica (The historians must be stopped. They're destroying everything.)
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