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

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=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?

[/quote]

The bills floating around that I’m aware of would not actually “prevent” anyone from traveling to get an abortion. They are more targeted at the providers of out of state abortion.  So if it’s illegal in, say Kentucky, but legal in Illinois, Kentucky would purport to have jurisdiction over Illinois providers for performing abortion on a Kentucky resident.  It’s not like they are going to have checkpoints at every state crossing giving pea stick tests. [/quote]

There is absolutely no way in hell that Kentucky should be able to have jurisdiction over Illinois.[/quote]

One, I think that these laws are patently unconstitutional, even under this SCOTUS.

But even if this statute survives judicial review for a few weeks, what exactly is Kentucky's recourse here?  They are going to have their state troopers march into Illinois to try to arrest and drag away an out-of-state OB-GYN? Illinois is going to love having its sovereignty mocked so much that it extradites? The enforcement difficulties further underscore how ludicrous this whole thing is (though I suppose the nightmare scenario is that the Illinois OB unwittingly decides to vacation in KY and... ...)[/quote]

A Kentucky judge will issue an arrest warrant based on a funding of probable cause  (a grand jury indictment will also work). It will then fall upon the Illinois resident to fight extradition and prosecution. This is designed by the Republican Attorneys General to create a constitutional crisis. Koch, Lowes, Comcast (NBC), Walmart, GM and Johnson & Johnson sponsor these extremists.

https://www.cnbc.com/amp/2022/07/14/republican-ag-group-holds-private-retreat-for-corporate-donors-at-swanky-palm-beach-resort-.html[/quote]

What good is an arrest warrant floating around KY? Absent cooperation from IL law enforcement and/or courts, it is not self-executing. Thus my question re: enforcement (and this isn’t even getting to question of the many blue states who have passed or otherwise indicated non-extradition policies here)…[/quote]

I think this misses the point. There are conservative judges who will happily issue an arrest warrant for a women's healthcare provider if given the pretext. Let's not pretend that there aren't people on the right monitoring and posting the personal information and/or locations of abortion providers and their family members (and many more who are willing to do so), and law enforcement who believe providers should be in jail or dead. So then providers -- often women -- cannot travel to any red state that has issued a warrant for their arrest, for their own safety.

Give it a couple of years, and I don't think we're all that far from a scenario where through a concerted effort of anti-abortionist activists, law enforcement and the courts, a women's health clinic doctor from say, NY or Illinois takes a family vacation to Mexico and during her two-hour layover in Houston, gets arrested, with the whole thing videotaped by Fox (who would have been alerted beforehand to be on-site), to massive applause on the right. So essentially treating fellow U.S. citizens like international criminals who are surveilled and arrested as soon as they step into a location where they can be. [/quote]

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