confer a right

Ms. Rose of Live Action slammed Judge Kollar-Kotelly for suggesting “that the 13th Amendment to the Constitution’s ban on ‘involuntary servitude’ may confer a right to abortion,” which she said compares “the beauty of pregnancy and motherhood with the horror of slavery.”

Constitution does not confer a right to abortion.

Because she and her nine coconspirators were arrested in March 2022—three months before the Supreme Court ruled that “the Constitution does not confer a right to abortion”—the time machine logic would hold that there was no right to an abortion on the day of the clinic disturbance in 2020, or at the time of the arrest.

She thus ordered briefing from the parties on whether “any other provision of the Constitution could confer a right to abortion as an original matter, which may or may not be addressed in Dobbs, such that Dobbs may or may not be the final pronouncement on the issue, leaving an open question.”

The judge asked the defendants to address "whether the scope of Dobbs is in fact confined to the Fourteenth Amendment" and "whether, if so, any other provision of the Constitution could confer a right to abortion as an original matter … such that Dobbs may or may not be the final pronouncement on the issue, leaving an open question."