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UC Law Constitutional Quarterly

Abstract

This Article introduces the idea that forced fetal life support in a state that bans abortion is unpaid state-conscripted human life support (“USCHLS”) by the hosts. It reviews how the Dobbs decision resulted in USCHLS, unpaid work, which violates the U.S. Constitution’s Thirteenth Amendment protection against “involuntary servitude.” Additionally, USCHLS constitutes a per se taking which violates the “Takings Clause” of the Fifth Amendment. This Article suggests sexual activity insurance might alleviate some of the problems with USCHLS, but not all of them.

To date, no U.S. federal or state government offers the G.I. bill, a state equivalent, or service pay for USCHLS work. As long as the U.S. and state governments compensate military, state police, and other recruits for their service in the preservation of American civilian life, then a failure to pay USCHLS hosts violates the Equal Protection Clause of the Fourteenth Amendment. It also violates Title VII of the 1964 Civil Rights Act.

Conceivably, other people might in the future experience state conscription without consent or compensation. For example, people with a spare lung, an extra kidney, bone marrow, a rare blood type, and other needed body parts—i.e., all of us—should be protected from USCHLS of other living people or fetuses.

In sum, the goal of this Article is to demonstrate that USCHLS violates the Constitution. Rather than rely solely on the 14th Amendment and notions of privacy found in liberty, this Article explores alternative constitutional protections.

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