Reply to “We hold that Roe and Casey must be overruled," Justice Alito writes in an initial majority draft

Forum Index » Political Discussion

Reply to "“We hold that Roe and Casey must be overruled," Justice Alito writes in an initial majority draft"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]The SCOTUS leaked ruling simply says let the state legislators decide the issue of abortion. This is actually the correct position. Keep the feds out of it and let the people thru their elected officials decide. The blue states will keep abortions legal and the reds will limit it to 15 weeks or so.

The hysteria over this is … well … hysterical.

[/quote]

agreed, not that big of a deal. [/quote]

I’m concerned states will restrict a woman’s ability to cross state lines.[/quote]

Why?[/quote]
Not PP but maybe because Missouri already passed a law barring leaving the state to get an abortion?[/quote]

Not to mention, travel is not protected under the constitution, so it would be upheld by the same supremes.[/quote]

That's not true.  The Commerce clause essentially states that if citizens are trying to use businesses and services in another state, that a state cannot impede them from crossing state lines to use those services.  Only the federal government can put restrictions on interstate commerce.  A woman who is paying for services in another state cannot be barred from traveling to that state to use those services.  A state that does this is violating the Commerce clause of the US Constitution.[/quote]

The text of the commerce clause doesn't say anything remotely like that.  There is a doctrine called the negative commerce clause that says something like that, but it's not anywhere in the actual text.[/quote]

Perhaps not, but as long as this decision doesn't completely throw out [i]stare decesis[/i] then it should cover it.  Look here at the discussion about commerce and interstate regulation that Chief Justice Marshall used in [i]Gibbons v. Ogden[/i] to see where there is precedence to suggest that the states do not have the power to restrict a person traveling interstate for commercial reasons.

[url]https://constitution.congress.gov/browse/essay/artI-S8-C3-1-2/ALDE_00001058/[/url]

[quote]There was a long period in the Court's history when a majority of the Justices, seeking to curb the regulatory powers of the Federal Government by various means, held that certain things were not encompassed by the Commerce Clause because they were neither interstate commerce nor bore a sufficient nexus to interstate commerce. Thus, at one time, the Court held that mining or manufacturing, even when the product would move in interstate commerce, was not reachable under the Commerce Clause;11 it held insurance transactions carried on across state lines not to be commerce,12 and that exhibitions of baseball between professional teams that travel from state to state were not in commerce.13 Similarly, it held that the Commerce Clause was not applicable to the making of contracts for the insertion of advertisements in periodicals in another state14 or to the making of contracts for personal services to be rendered in another state.15

Later decisions either have overturned or have undermined all of these holdings. The gathering of news by a press association and its transmission to client newspapers are interstate commerce.16 [b]The activities of Group Health Association, Inc., which serves only its own members, are trade and capable of becoming interstate commerce;17 the business of insurance when transacted between an insurer and an insured in different states is interstate commerce.18 But most important of all there was the development of, or more accurately the return to,19 the rationales by which manufacturing,20 mining,21 business transactions,22 and the like, which are antecedent to or subsequent to a move across state lines, are conceived to be part of an integrated commercial whole and therefore subject to the reach of the commerce power.[/b]

Among the Several States
Continuing in [i]Gibbons v. Ogden[/i], Chief Justice Marshall observed that the phrase among the several States was not one which would probably have been selected to indicate the completely interior traffic of a state. It must therefore have been selected to exclude the exclusively internal commerce of a state. Although, of course, the phrase may very properly be restricted to that commerce which concerns more states than one, it is obvious that [c]ommerce among the states, cannot stop at the external boundary line of each state, but may be introduced into the interior. [b]The Chief Justice then succinctly stated the rule, which, though restricted in some periods, continues to govern the interpretation of the clause. The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally; but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere, for the purpose of executing some of the general powers of the government.[/b]23[/quote]

So, there is argument that Chief Justice Marshall's ruling in [i]Gibbons v. Ogden[/i] should cover this situation, where women are traveling to another state for commerce purchases, e.g. using a service provided by a business in another state.  Now, there may be a conflict for PP if they need to start charging for the services to qualify as commerce but then they lose their 501(c)3 status because they are charging for such services.  But any clinic that charges for their services and does not get money from the federal government for that purpose should qualify as interstate commerce and be protected from restrictive state laws.[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics