Back in the heady days of 1973, perhaps the most liberal of the years I have seen, certainly the year when workers did as well as they were ever going to do again, the Supreme Court said that, basically, the Fourteenth Amendment protected privacy, and that what happened inside your body, and what you did about it, was the most fundamental privacy you could ask for; so, voila, masturbation laws were thrown out, and various sex heterosexual acts were deemed legal, and abortion.
Well, not so much now.
So, if the Supreme Court can say that Roe was wrongly decided, we can say that the case was wrongly argued.
The Thirteenth Amendment reads thus:
"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."
How is a woman carrying a fetus she doesn’t wish to carry, a woman being forced to be pregnant against her will, NOT involuntary servitude? Being involuntarily pregnant carries with it risk to life, health, and property; but more, the 13th Amendment states that we are a Free Country, and, with the exception of those who are imprisoned, people cannot be forced to do anything even approaching the definition of “work” against their will: you cannot hold someone’s passport to force them to work for you; you cannot force someone to work for you without fair wages; you cannot, in short, hold slaves.
And, a woman’s “labors” have been thus called as long as we have the word. It has been well known since the beginning of time that childbirth is labor. It is work. It is unpaid work. And, if it is involuntary unpaid work…. bingo!, 13th Amendment.
I mean, seriously, I doubt that SCOTUS will give a shit, because the law is what they want it to be. But, still, a fair hearing of abortion on 13th Amendment grounds should result in the right being restored.