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][quote=Anonymous]No they can’t. Commerce clause prohibits this kind of restriction.  There will be lawsuits. [/quote]

And SC's religious tribunal would supersede it.[/quote]
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.[/quote]

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. [/quote]

That type of law would only apply to persons in state “knowingly” aiding someone to get an abortion, which states may get away with regulating and may be a problem for minors. But very doubtful they could prohibit the travel/ traveler itself - and it’s not like most women are going to be telling eg an airline what their health plans are in any circumstances…[/quote]

It means that all these companies promising travel expenses and continued coverage for abortions will change their minds[/quote]

As someone who strongly supports this policy, I do think it would be more prudent for these companies just to offer a general employee benefit of $XX travel dollars for medical care not feasibly accessed in the state. Yeah, you'd probably get some random employees wanting to travel for questionable reasons, but there [i]are [/i]probably other non-abortion medical reasons justifying travel, and I think it would get companies more than enough legal wiggle room (esp. given that many courts will be leery of these laws in the first place).[/quote]

Would you like to be the HR director or president indicted for murder in Texas hoping that your clear attempt to evade the law is nuanced enough to keep you out of prison? [/quote]

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