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ChoppinBroccoli

(3,764 posts)
14. 13th Amendment Might Be A Stronger Argument
Thu Jun 30, 2022, 10:40 PM
Jun 2022

As a criminal defense attorney, I can tell you that the Court's decisions over the years have SIGNIFICANTLY worn away at the 4th Amendment. There are so many exceptions now that it's almost impossible to make a winning "illegal search" argument anymore. And the things that aren't covered by an exception can all make it into evidence with a simple warrant. Yes, they have to go to a judge and show probable cause, but anymore, they just go to the judge, the judge says, "What's your probable cause?", they answer, "We think there's evidence of a crime in there," and the judge signs the warrant. Basically meaningless.

Now, on the other hand, if you were to argue that being forced to carry a pregnancy to term constituted "involuntary servitude," you might be able to make some headway there. However, the Supreme Court has eroded the 13th Amendment as well. When I was in law school, I wrote a paper on the 13th Amendment as it applies to the military draft. It turns out that the Supreme Court ruled that the draft doesn't violate the 13th Amendment's ban on involuntary servitude because...........well..........we NEED the draft. No kidding, THAT was their "legal" reasoning.

I would also think that there's an Equal Protection argument in there too, because not all religions believe that life begins at conception. So if you're a member of one of those other religions, you are being denied Equal Protection of the laws. But that argument SHOULD HAVE been made during the Dobbs hearings, and the Court SHOULD HAVE considered it in their opinion, even if it wasn't raised. The fact of the matter is that this Court had their minds made up before they even heard this case, so it wouldn't have mattered anyway. Which is why I also believe that ANY challenge to Dobbs on Constitutional grounds will fail. They just plain won't listen to it.

"Secure in their persons" implies it. n/t TygrBright Jun 2022 #1
No, it doesn't. Ms. Toad Jun 2022 #6
Medical procedures aren't absolute fourth amendment issues LeftInTX Jun 2022 #2
What about deRien Jun 2022 #3
The Declaration of Independence isn't a legal document, in the sense that it... LudwigPastorius Jun 2022 #15
"The Constitution and Bill of Rights are." pazzyanne Jun 2022 #17
With this Republican SCOTUS, it literally doesn't matter what the Constitution says. RockRaven Jun 2022 #4
we have a S.C. that has been drinking bottled water from Flint,Michigan! cloudboy07 Jun 2022 #20
The 4th amendment only protects against unreasonable searches and seizures. Ms. Toad Jun 2022 #5
Exactly LeftInTX Jun 2022 #10
I could see the 4th Amendment applying in certain situations.... TheRealNorth Jun 2022 #11
That wasn't the question raised. Ms. Toad Jun 2022 #13
The Supremes Have Gone Over The Line colsohlibgal Jun 2022 #7
What freaking amendment... ultralite001 Jun 2022 #8
I get tired of all of those damn multigraincracker Jun 2022 #9
S.C. is a big loop hole for the republican taliban ! cloudboy07 Jul 2022 #22
If the 4th amendment gave that right former9thward Jun 2022 #12
13th Amendment Might Be A Stronger Argument ChoppinBroccoli Jun 2022 #14
If the State eminent domains one's uterus to house an embryo, shouldn't one get just compensation? Freethinker65 Jul 2022 #21
Because Jesus budkin Jun 2022 #16
The correct answer is qazplm135 Jun 2022 #18
Seems simple, direct, and innately true. denbot Jun 2022 #19
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