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

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[quote=Anonymous][quote=Anonymous]

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]

The pregnant woman is transporting a "person" in her womb.  The nearest analogue would be a mother transporting her child, such as in a custody battle where a parent is prevented from removing his or her child from the state.[/quote]

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