Can states actually outlaw traveling out of state for an abortion?

[Anonymous]

I am reading about bills being introduced to make it illegal for a woman to leave the state in order to get an abortion.

So if one of these actually passes, how could it realistically be enforced?

Would pregnant women from the state outlawing travel be refused permission to travel to a state which allows abortions?'

Or, would pregnant women need to certify their pregnancy status with a doctor before leaving, and again upon return?

What about international travel?

[Anonymous]

As a practical matter, would it be better to keep your pregnancy status private for as long as possible, so you preserve your freedom to travel where you wish without interference from your state government?

But then where does that lead? Will women be required to pee on a stick before they leave a no-abortion state?

[Anonymous]

Yeah what if you live in a forced birther state and work in a pro choice state? And then what if you choose to see a healthcare provider near your job? What if you conceived in the pro choice state but then went home to the forced birther state?

[Anonymous]

Anonymous wrote:Yeah what if you live in a forced birther state and work in a pro choice state? And then what if you choose to see a healthcare provider near your job? What if you conceived in the pro choice state but then went home to the forced birther state?

I don't think lawmakers are really thinking through the ramifications of the laws their are proposing.

[Anonymous]

No. States can’t block interstate travel or interstate commerce.

https://www.law.cornell.edu/constitution-conan/amendment-14/section-1/interstate-travel

[Anonymous]

No they can’t. Commerce clause prohibits this kind of restriction. There will be lawsuits.

[Anonymous]

They can't.

https://en.wikipedia.org/wiki/Freedom_of_movement_under_United_States_law

Freedom of movement under United States law is governed primarily by the Privileges and Immunities Clause of the United States Constitution which states, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."

More on that page, of course.

[Anonymous]

Anonymous wrote:No they can’t. Commerce clause prohibits this kind of restriction. There will be lawsuits.

And SC's religious tribunal would supersede it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:No they can’t. Commerce clause prohibits this kind of restriction. There will be lawsuits.

And SC's religious tribunal would supersede it.

Except Kavanaugh explicitly indicated the opposite, i.e. interstate travel protected, and pretty sure Roberts would join. In fact, while I think SCOTUS is a hopeless travesty of a kangaroo court at this point, the interstate travel issue is just SO broadly relevant to many other rights/interests that I'm not sure I'd count out ACB & Gorsuch on this issue either.

[Anonymous]

Anonymous wrote:

Anonymous wrote:No they can’t. Commerce clause prohibits this kind of restriction. There will be lawsuits.

And SC's religious tribunal would supersede it.

I think that it's possible that even this SCOTUS would enforce the Commerce clause wrt state law. But the bigger question is whether, if Republicans take House and Senate, they can pass a federal law. I think that this SCOTUS might be willing to allow that.

I think California is moving to add abortion protections in the state constitution. It would be interesting to see what happens if a federal ban is passed. This is all just so f'ing insane.

[Anonymous]

Does this even matter? After the next presidential election, there will be a federal ban

[Anonymous]

No. Freedom to travel cannot be restricted. If some states try to pass these laws, judges will strike them down.

[Anonymous]

Anonymous wrote:Does this even matter? After the next presidential election, there will be a federal ban

Democrats will gain a couple of seats in the Senate (end of Manchin blackmail, phew), so no.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No they can’t. Commerce clause prohibits this kind of restriction. There will be lawsuits.

And SC's religious tribunal would supersede it.

I think that it's possible that even this SCOTUS would enforce the Commerce clause wrt state law. But the bigger question is whether, if Republicans take House and Senate, they can pass a federal law. I think that this SCOTUS might be willing to allow that.

I think California is moving to add abortion protections in the state constitution. It would be interesting to see what happens if a federal ban is passed. This is all just so f'ing insane.

No it will be framed as aiding criminals not the commerce clause. SCOTUS will definitely rule against free travel between states. It will just be another nail in the coffin of the USA.

[Anonymous]

Freedom to travel might mean men are inconvenienced.
So…