“No, what makes abortion difficult is not some fancy lawyering from the right, but the near refusal to defend it from the left. The hard sell is almost always left to women and “abortion activists,” while men scramble around trying not to piss off a diner in Ohio. I can turn over a rock on Twitter and find some person with no legal training able to passionately explain why segregation is wrong, or why the death penalty is immoral, or how “love is love.” But ask people about abortion and it’s all, “Well… I think the important thing is that women get to choose for themselves! Retweet if you agree!” Don’t get me wrong, “choice” is great. It’s a fine frame. It’s a language designed to appeal to people who have a genuinely held religious belief about when life begins, and even the word choice should remind those adherents that not everybody shares their choice of God either, and yet we co-exist. But the better legal frame is “Forced birth is some evil shit that can never be compelled by a legitimate government. The end.” Hell, if you don’t like my Eighth or Fourteenth Amendment arguments in defense of abortion rights, I could give some Thirteenth Amendment arguments. Because the same amendment that prohibited slavery surely prohibits the state from renting out women’s bodies, for free, for nine months, to further its interests. Forced labor is already unconstitutional. ”
―
Allow Me to Retort: A Black Guy's Guide to the Constitution
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Allow Me to Retort: A Black Guy's Guide to the Constitution
by
Elie Mystal
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