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Before the Civil War, the relationship of masters to their slaves was defined in state law and by the U.S. Supreme Court. Slaves were the lawful property of their owners who could abuse and even kill them with impunity.
Today, the court-defined relationship of mothers to their aborted babies is exactly the same, so says the truly unique and insightful amicus brief ("friend of the court") filed by the Pacific Justice Institute, or PJI, in the case that will, we contend, overturn Roe v. Wade next year, Dobbs v. Jackson Women's Health Organization.
PJI argues in its brief that the Court should rule that the abortion-homicide authorized by Roe violates the 13th Amendment prohibition against the enslavement of human beings because a mother can kill her preborn child with impunity – that an aborting mother's Court-defined relationship to her child is one of master to slave, of an owner to her property. PJI asks the Court to end abortion in America by overturn Roe on that basis.
The following summary, an overview of the brief, is offered hoping that you might read it for yourself.
As readers follow PJI's examination of the Supreme Court's slavery jurisprudence, the comprehension sinks in of what it must have been like when the law of the land in previous centuries commanded and enforced evil. Then, PJI shows how that historical example of legally sanctioned evil haunts us today as the atrocity of abortion imposed by the Supreme Court on our nation for almost half a century now. It has authorized history's worst crime against humanity, resulting in the slaughter of 63 million of our innocent brothers and sisters. Abortion is the same in principle, but much worse in fact, than the previously worst shame in American history, black slavery.
PJI's brief must be read to fully appreciate its in-depth comparison of the twin evils of black slavery and the slaughter by enslavement of tens of millions of innocent preborn babies today – showing that the Supreme Court has, once again, enshrined evil in American law.
From page 29-31 of PJI's brief:
"To date, this Court, when considering abortion, has considered it only under the 14th Amendment. The 13th Amendment, however, … sweeps more broadly.
"The 14th Amendment is confined to state action; the 13th is not. Instead, the 13th regulates both public and private acts. Moreover, the Thirteenth Amendment is self-executing, prohibiting the imposition of slavery and involuntary servitude by either a private citizen or government official.
"The 13th Amendment is also broader than the 14th in that, while the latter speaks of 'persons,' the former speaks only of the condition imposed. Obviously, the 13th Amendment protections only extend to those of the human race. But there is no limiting language in the amendment, as some resort to in the 14th, to limit those protections to persons already born. Thus, the 13th Amendment, on its face, covers all of the human race, at whatever stage of development.
"As abortion treats the fetus as a slave, the mother is prohibited from aborting by the 13th Amendment. This Court [Dobbs] should so hold." [Emphasis and bracketed comments added].
To understand the 14th Amendment aspect of this issue, see "How Mississippi lawyer failed unborn Americans at SCOTUS."
Selected excerpts from PJI's brief:
- "This Court's abortion jurisprudence allows mothers to treat their own children as property – not to be bought or sold as reusable property, but to be killed because they are a present or future burden to their mothers. It allows mothers to treat their own children as slaves." (Page 12)
- "The parallel to abortion is plain. Under this Court's abortion jurisprudence, fetuses may be poisoned, dismembered, and killed by their owners/mothers without fear of criminal prosecution. The law assumes that any mother who kills her fetus has good reasons to do so. The idea that she might do so out of anger or caprice or mental illness will not be entertained by the law. That the fetus, if allowed to continue to develop, might prove inconvenient to the mother and others is wholly sufficient justification for killing her fetus. The fetus is property of the mother and may be disposed of summarily." (Pages 14-15. Footnote omitted).
- "The only difference between then and now is that we have even more certainty of conception facts than Chief Justice Taney had that his social science was askew [Taney authored Dred Scott v. Sandford, history's worst Supreme Court case… until Roe]. But the results of ignoring facts are the same: fetuses, like blacks before the Civil War Amendments, are considered the property of another, the most elemental definition of slavery. This allows fetuses to be treated as property – as slaves – until viability and, in some cases, until birth." (Page 24. Two important footnotes omitted; bracketed comment and emphasis added.)
- "Abortion is also a violation of the amendment's prohibition on involuntary servitude. * * * A mother bringing her fetus to term is acting in voluntary servitude to the child. However, a mother aborting her fetus is acting in her own interests; instead of acting in the child's best interests, the aborting mother puts her fetus in unwilling, involuntary servitude to her own, perceived best interests." (Page 29)
- "The whole point of abortion is that mothers may dispose of their unwanted unborn with impunity." (Page 29).
Slavery and abortion also have the following things in common, both:
- while objectively evil, are/were considered a "positive good" by advocates;
- are/were profitable (Southern society was based upon slavery and there is a HUGE abortion "industry" today that, additionally, profits from the sale of aborted baby organs).
Thomas Jefferson's expressed fear about the consequences of slavery is directly applicable to today's abortion-genocide:
"Indeed, I tremble for my country when I reflect that God is just [and] that his justice cannot sleep forever."
PreBorn Americans United demand Nuremberg-style trials when Roe v. Wade is overturned to identify and bring to justice those responsible for slaughtering our 63 million innocent brothers and sisters, especially the pro-abortion leaders/propagandists, and those with the blood of innocents on their hands – the doctor-abortionists who are scientists and knew they were slaughtering living human beings.
Please share this column with your friends on both sides of this most important issue as well as on social, print and broadcast media (past columns linked below).
And please consider supporting this effort with your greatly appreciated tax-deductible donations to bring you future columns (1) explaining A Declaration of Human and Constitutional Rights by PreBorn Americans, (2) analyzing and reporting on the 138 briefs filed in Dobbs (some 5,000 to 12,000 words), (3) and reporting on the the decision in the Dobbs case. Donation details here.
Contact PreBorn Americans United: [email protected].
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