New Constitutional basis for re-establishing right to abortion
With the recent dismissal of the Constitutional basis for privacy and personal control of one’s body and property derived from the Fourteenth amendment (protecting “persons born or naturalized in the United States” i.e. irrelevant in protecting unborn entities), the proponents of the right to abortion need a new approach. With the decision that fetuses are a matter of controlling interest to the government (prenatal wards of the state, perhaps?), I propose that the Third Amendment now has relevance to this issue.
“No Soldier shall, in time of peace, be quartered in any house without the consent of the Owner, nor in time of war, but in a manner prescribed by law.”
The Government (Supreme Court, GOP, whoever) has apparently decided that the fetuses are not in control of the person in whose body they reside. The Supreme Court, etc, are demanding that these unborn non-citizens be involuntarily housed in nonconsensual wombs. Since the Supreme Court has chosen to conscript these “individuals” under Government control, the term “soldier” is not a far stretch to cover the relationship newly established. It is likely that the Third Amendment would also prohibit the Government (federal, state, and local) from compelling the quartering of postal workers, FBI/IRS/CIA agents, or any other governmentally controlled person. And so, the Government-”adopted” unborn wards should be properly prohibited from peacetime involuntary quartering. If the Government wants these fetuses, it must arrange alternate housing without the nonconsenting Owner of the womb. Wartime “baby factory” legislation will be required to be enacted to provide the needed “prescribed by law” condition.
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