Legal Question in Constitutional Law in Minnesota

13th amendment challenge to anti-abortion legislation

I am curious if laws that attempt to prohibit abortions except in cases involving the mothers death can be challenged under the 13th amendment. Mostly I am curious if the language in section 1 ''Neither slavery nor involuntary servitude'' bears on abortion legislation that prevents any choice except in cases involving the woman's death.

thank you


Asked on 3/01/06, 7:21 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: 13th amendment challenge to anti-abortion legislation

I don't see how such a challenge could succeed. Pregnancy is neither slavery nor involuntary servitude. There may be some similarities (both involve "labor", for example), but they are much too tenuous to support the type of challenge you have in mind.

The Thirteenth Amendment deals with only one issue -- slavery. It says nothing about pregnancy or abortion, and I'm sure no one in Congress or in the various state legislatures who voted for it thought the amendment had any bearing on the issue.

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Answered on 3/02/06, 6:56 pm


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