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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]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] They will go after the companies that provide services(airline, bus, cell phone, google, etc). Hell google can determine if you are pregnant with about 95% accuracy. If google knows you are pregnant and using its search engine to look for abortions in another state google is liable. Maybe the search engine blocks that search and notifies authorities? The law is new and the court wants to stop abortions. Do not look for the old standard to hold. Also medical record will be turned over to the states because there is no right to privacy. So lots of ways to stop women from traveling by making it very difficult. Now if there is a jury trial there will be jury notification. [/quote]then we should all start looking for abortion information every day- that way they will not be able to tell. [/quote]
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