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

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[quote=Anonymous]I’m not following all of these state attempts to “discourage” their citizens from traveling out of state for an abortion, but some seem Constitutionally suspect.  Outright bans would seem to violate the Commerce Clause, even in the absence of a federal right to abortion. Criminalizing out of state providers might be feasible in theory, but jurisdictional practicalities would make it difficult to enforce.  The state where it’s illegal would have to rely on the state where it is legal extraditing or otherwise cooperating, which seems unlikely.  The most sinister are the civil claims modeled on TX 6 week ban.  It deputizes its citizens by creating a bounty in a civil case.  They could do the same against our if state providers, which would drastically chill those providers from providing abortion services to neighboring states out of fear of being sued out of business. These kinds of laws might actually avoid judicial review because of absence of state action in enforcing.   Jurisdictional questions still arise though.  Could a Texas plaintiff get jurisdiction over an Illinois provider in Texas court?  Depends on what the long arm statute says.  SCOTUS would have to weigh in there.  But that’s a flimsy hook on which to hang an important right. [/quote]

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