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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNew Texas law would require fetuses to have a lawyer
By Lisa Needham -February 5, 2021 5:11 PM
Access to abortion in Texas could become even harder for some.
Texas's 2021 legislative session isn't a month old yet, but conservatives have already introduced several anti-abortion bills. One would require fetuses to be appointed a lawyer during judicial bypass proceedings.
The state already has a parental notification law, which requires that doctors notify the parent or guardian of a minor at least 48 hours prior to the procedure and that the parent or guardian consent to the procedure. However, over 40 years ago, the U.S. Supreme Court held that if a state requires a minor to obtain consent for an abortion, it also has to provide an alternative mechanism by which a minor can obtain authorization for the procedure.
Because of that, Texas has a judicial bypass law, where a minor can go before the court and get an order from a judge allowing them to get an abortion. The state requires minors to appear with an attorney and will assign minors an attorney if they don't have one.
Published with permission of The American Independent Foundation.
https://americanindependent.com/new-texas-law-fetused-lawyer-minors-abortion-rights/
It is now time to expand all the courts in the federal system................there is pandemic that has new strains that is and can spread faster, and these assholes are worried about some fetus having a lawyer............
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New Texas law would require fetuses to have a lawyer (Original Post)
turbinetree
Feb 2021
OP
It's time the pro-choice movement added the Thirteenth Amendment to our argument.
CrispyQ
Feb 2021
#1
The Repukes will zero out the food stamp program to provide funds for blastocyst barristers.
11 Bravo
Feb 2021
#10
Slightly OT: I've never seen a picture deserving an "I'm with Stupid!" caption more (nt)
muriel_volestrangler
Feb 2021
#9
CrispyQ
(36,413 posts)1. It's time the pro-choice movement added the Thirteenth Amendment to our argument.
Abortion and the 13th Amendment
2010
Forced Labor, Revisited: The Thirteenth Amendment and Abortion
Andrew Koppelman
Northwestern University School of Law, akoppelman@law.northwestern.edu
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1031&context=facultyworkingpapers
snip...
I. The basic argument The Thirteenth Amendment reads as follows:
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.
2. Congress shall have the power to enforce this article by appropriate legislation.
My claim is that the amendment is violated by laws that prohibit abortion. When women are compelled to carry and bear children, they are subjected to "involuntary servitude" in violation of the amendment. Abortion prohibitions violate the Amendment's guarantee of personal liberty, because forced pregnancy and childbirth, by compelling the woman to serve the fetus, creates "that control by which the personal service of one man [sic] is disposed of or coerced for another's benefit which is the essence of involuntary servitude."6
Such laws violate the amendment's guarantee of equality, because forcing women to be mothers makes them into a servant caste, a group which, by virtue of a status of birth, is held subject to a special duty to serve others and not themselves.
2010
Forced Labor, Revisited: The Thirteenth Amendment and Abortion
Andrew Koppelman
Northwestern University School of Law, akoppelman@law.northwestern.edu
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1031&context=facultyworkingpapers
snip...
I. The basic argument The Thirteenth Amendment reads as follows:
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.
2. Congress shall have the power to enforce this article by appropriate legislation.
My claim is that the amendment is violated by laws that prohibit abortion. When women are compelled to carry and bear children, they are subjected to "involuntary servitude" in violation of the amendment. Abortion prohibitions violate the Amendment's guarantee of personal liberty, because forced pregnancy and childbirth, by compelling the woman to serve the fetus, creates "that control by which the personal service of one man [sic] is disposed of or coerced for another's benefit which is the essence of involuntary servitude."6
Such laws violate the amendment's guarantee of equality, because forcing women to be mothers makes them into a servant caste, a group which, by virtue of a status of birth, is held subject to a special duty to serve others and not themselves.
Parents can't be compelled to donate their organs to their living child, even to save the child's life. Why does a fetus have more claim on a woman's organs than her child who has been born?
THE MOST IMPORTANT DECISION A WOMAN CAN MAKE ISN'T YOURS.
bluecollar2
(3,622 posts)7. It's a compelling argument...n/t
lame54
(35,259 posts)2. Then when they're born...
They'll have to work off the tab
pwb
(11,245 posts)3. How about a fetus social security number?
Maybe a sperm or egg birth certificate?
triron
(21,984 posts)4. Just be patient. The pukes will get there.
Grins
(7,189 posts)5. A fetus can have a lawyer but...
...a 3-year old child of an immigrant in an immigration COURT ROOM who cannot speak or understand English cannot.
GOP logic/justice.
By the way - who's going to PAY for that lawyer?
11 Bravo
(23,925 posts)10. The Repukes will zero out the food stamp program to provide funds for blastocyst barristers.
ironflange
(7,781 posts)6. I clicked on this thinking,
"I wonder if this one is Borowitz or Onion." Imagine my surprise.
Mariana
(14,854 posts)8. Poe's Law strikes again.
Poe's Law states, essentially, that without a clear indication of the author's intent, it is difficult or impossible to tell the difference between the expression of a sincere Fundamentalist Christian belief or position, and a parody thereof.
muriel_volestrangler
(101,262 posts)9. Slightly OT: I've never seen a picture deserving an "I'm with Stupid!" caption more (nt)
lindysalsagal
(20,570 posts)11. When you bill the fetus, don't expect immediate payment.
It might take a while, or 18 years.