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March 26, 2023
On Monday, A federal judge in Washington, D.C. hinted that a natural right to abortion might still exist, this is in spite of the Supreme Court’s landmark ruling last year where they voted to overturn Roe v. Wade.
U.S. District Court Judge Colleen Kollar-Kotelly informed lawyers on Monday they must file briefs stating whether or not the 13th Amendment to the Constitution, which was added in 1865 to abolish slavery and “involuntary servitude”, protects a woman’s right to have an abortion.
Judge Kollar-Kotelly stated that the Supreme Court Justices only considered precedent surrounding the 14th Amendment when the Supreme Court delivered its ruling in Dobbs v. Jackson Women’s Health Organization last year. This ruling removed the 1973 Roe V Wade law which gave women a constitutional right to an abortion.
“[I]t is entirely possible that the Court might have held in Dobbs that some other provision of the Constitution provided a right to access reproductive services had that issue been raised,” Judge Kollar-Kotelly wrote. “However, it was not raised.”
Kollar-Kotelly’s request relates to a one-year old case against 10 defendants, who have been charged with conspiring to block access to an abortion clinic in Washington DC.
Under federal law, it is illegal for anyone to interfere with “the right to obtain and seek to obtain, and to provide and seek to provide, reproductive health services.”
Prosecutors say that the ten “forcefully pushed through the Clinic door into the Clinic’s waiting room,” injuring a nurse in the process.
Herb Geraghty, who is the executive director of a Pennsylvania-based anti-abortion group, said on Twitter that his “nonviolent pro-life advocacy” has led to him facing federal charges.
ARTICLE: PAUL MURDOCH
MANAGING EDITOR: LUKE MOCHERMAN
PHOTO CREDIT: KAISER HEALTH NEWS