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]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]

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.[/quote]

But is interstate travel protected if your intent is to transport a person in order to murder them?

That's how pro-lifer states see abortion, right, as murder of a person?[/quote]

No you have it backwards.  States have no authority to bar interstate travel.  Why you travel is irrelevant, that is the whole point.  Sure, you could commit a crime over which the home state retains jurisdiction* in the process, but that does not go to the travel itself.

* I really can't think of any analogue where a state can prosecute a resident (or anyone else involved) for engaging in out-of-state activity that is lawful where the activity takes place (buying/smoking pot, physician-assisted suicide, heck, lighting firecrackers) simply by virtue of the fact that the defendant is a "resident" in the home state where the activity is illegal.  This would seem to unravel all of federalism --not even getting to the Commerce Clause.[/quote]

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