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Federal Judge: Constitution May Still Protect Abortion, Despite Dobbs
Catholic News Agency ^ | 2/9/23 | Tyler Arnold

Posted on 02/19/2023 6:22:29 PM PST by marshmallow

Washington D.C., Feb 9, 2023 / 13:35 pm Despite the U.S. Supreme Court ruling to overturn Roe v. Wade, a federal judge is claiming that the 13th Amendment, which was ratified to abolish slavery, might establish a constitutional right to have an abortion.

Under Roe v. Wade, the court previously held that the 14th Amendment protects a right to privacy and a right to privacy protects a woman’s right to decide whether to have an abortion. In the Dobbs decision last June, the court revoked that precedent, stating that “the Constitution does not confer a right to abortion” and that “procuring an abortion is not a fundamental constitutional right because such a right has no basis in the Constitution’s text or in our nation’s history.”

Regardless, U.S. District Judge Colleen Kollar-Kotelly wrote in an order that the court was only addressing claims related to the 14th Amendment and did not evaluate the possibility that the right was protected elsewhere in the Constitution. The order was in relation to a criminal case against pro-life activists who are accused of impeding an abortion clinic’s operations.

“Here, the ‘issue’ before the court in Dobbs was not whether any provision of the Constitution provided a right to abortion,” Kollar-Kotelly wrote. “Rather, the question before the court in Dobbs was whether the 14th Amendment to the Constitution provided such a right.”

The judge further added that the court might have ruled differently if other constitutional questions were raised.

“Of those provisions that might contain some right to access to such services,” the order read, “the 13th Amendment has received substantial attention among scholars and, briefly, in one federal Court of Appeals decision.”

(Excerpt) Read more at catholicnewsagency.com ...


TOPICS: Moral Issues; Religion & Culture; Religion & Politics
KEYWORDS: abortion; clintonjudge; clintonstooge; colleenkollarkotelly; dncjudge; dncstooge; dobbs; prolife; rapinbilljudge; roe; roevswade; roevwade; seniormomentjudge; seniormomentstooge; supremecourt; tylerarnold; usdistrictcourt; usdistrictstooge; ussc
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1 posted on 02/19/2023 6:22:29 PM PST by marshmallow
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To: marshmallow

The Constitution says nothing about abortion.


2 posted on 02/19/2023 6:23:14 PM PST by EvilCapitalist (81 million votes my ass.)
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To: marshmallow

Supreme Court smackdown v2.0 incoming...


3 posted on 02/19/2023 6:23:56 PM PST by apillar
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To: marshmallow

So, in other words, women are enslaved by their unborn babies? Is that what this black-robed dorkwad is saying?


4 posted on 02/19/2023 6:25:48 PM PST by Tolerance Sucks Rocks (FBI out of Florida!)
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To: apillar
Supreme Court smackdown v2.0 incoming...

Prepare to be disappointed.

5 posted on 02/19/2023 6:26:58 PM PST by itsahoot (Many Republicans are secretly Democrats, no Democrats are secretly Republicans. Dan Bongino.)
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To: marshmallow

“The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives,” the court stated in a syllabus included with its lengthy Dobbs v. Jackson Women’s Health Organization decision.

The decision said “The Constitution does not confer a right to an abortion”.

The decision did not just say that one particular amendment didn’t confer a right to an abortion but that maybe other amendments did as this article ludicrously claims.

Alito, bless him, was unambiguously clear.


6 posted on 02/19/2023 6:27:14 PM PST by Arcadian Empire (The Baric-Daszak-Fauci spike protein, by itself, is deadly.)
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To: Tolerance Sucks Rocks

That’s exactly what the Pharisees are saying.


7 posted on 02/19/2023 6:29:54 PM PST by nicollo ("I said no!")
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To: marshmallow

The whores and baby choppers are going down swinging, aren’t they? Now this idiot thinks she can overrule the Supreme Court.


8 posted on 02/19/2023 6:30:41 PM PST by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: marshmallow
Not the 14th Amendment. Not the 13th Amendment.

How about the Juneteenth Amendment?

9 posted on 02/19/2023 6:36:56 PM PST by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: marshmallow

What an utter farce. Slavery and abortion have no more connection than a mole rat and a Boeing 747.


10 posted on 02/19/2023 6:37:00 PM PST by Trumpisourlastchance
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To: marshmallow

Penumbras of Umbras?

Fantasy.


11 posted on 02/19/2023 6:39:25 PM PST by Paladin2 (0%?)
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To: All

The 13th Amendment?
I’m just not seeing it.


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

Note: A portion of Article IV, section 2, of the Constitution
was superseded by the 13th amendment.

I intentionally did not reply to the marshmallow,
because he, she, or it never replies to any post,
he, she, or it only posts articles with no comment.


12 posted on 02/19/2023 6:42:08 PM PST by Repeal The 17th (Get out of the matrix and get a real life.)
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To: marshmallow

The judge is a woman who received her B.A. and J.D. from the Catholic University of America, post VCII.

No surprise.


13 posted on 02/19/2023 6:45:22 PM PST by ebb tide
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To: marshmallow

If pregnancy from voluntary intercourse is involuntary servitude, so is court-ordered child support.


14 posted on 02/19/2023 7:03:56 PM PST by heartwood (Someone has to play devil's advocate.)
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To: Tolerance Sucks Rocks

The Thirteen Amendment also prohibits treating other human beings as property that can be disposed of at will. The abortion lobby considers unborn children to be the property of the egg-provider (formerly known as the mother) that can be disposed of at the will of the egg-provider.


15 posted on 02/19/2023 7:07:56 PM PST by reg45 (Barack 0bama: Gone but not forgiven.)
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To: ebb tide

Probably didn’t pass a lot of law courses, just played a minority card.


16 posted on 02/19/2023 7:18:32 PM PST by RetiredTexasVet (Biden not only suffers fools and criminals, he appoints them to positions of responsibility. )
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To: marshmallow

So anyone has the right to commit murder and it’s protected under the 14th Amendment’s privacy protections...got it.


17 posted on 02/19/2023 7:52:55 PM PST by Rowdyone (Vigilence)
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To: DesertRhino

[[The whores and baby choppers are going down swinging, aren’t they?]]

It is just mind blowing how viciously they are fighting to keep their ‘right’ to murder their unborn offspring- Truly demonic


18 posted on 02/19/2023 8:07:18 PM PST by Bob434
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To: marshmallow

Quite the contrary. If anything, Amendments 5 and 14 prohibit it.


19 posted on 02/19/2023 8:14:25 PM PST by TBP (Decent people cannot fathom the amoral cruelty of the Biden regime.)
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To: marshmallow
a federal judge is claiming that the 13th Amendment, which was ratified to abolish slavery, might establish a constitutional right to have an abortion.

Clueless and ridiculous for many reasons, not to mention the fact that the logic given for abortion on demand is quite similar to those used to justify slavery. "They aren't really human"

20 posted on 02/19/2023 8:15:54 PM PST by Republican Wildcat
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