Comments run ‘against the text, history, and case law’
(Photo by Jakub Kriz on Unsplash)
By Bob Unruh
A federal judge has, in her comments, speculated that the 13th Amendment could provide a constitutional basis for a right to abortion, and now is facing backlash since her opinion runs “against the text, history, and case law” of the Constitution.
The Daily Caller News Foundation explained it was U.S. District Court Judge Colleen Kollar-Kotelly who suggested that the “right” to abortion might be found in the 13th Amendment.
When the high court issued its Dobbs decision last year, overturning the faulty Roe v. Wade and erasing what had been purported to be a constitutional “right,” it cited the 14th Amendment.
The judge’s comments were “in the context of the ongoing case against pro-life activists indicted on FACE Act charges last March for allegedly creating a blockade that prevented access to a Washington, D.C., abortion clinic. In their motion to dismiss for lack of jurisdiction, attorneys for defendant Lauren Handy argue that the federal government no longer has an interest in protecting abortion rights, since Dobbs found such a right does not exist,” the report said.