Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:No they can’t. Commerce clause prohibits this kind of restriction. There will be lawsuits.
And SC's religious tribunal would supersede it.
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.
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.
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…
It means that all these companies promising travel expenses and continued coverage for abortions will change their minds
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 are 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).
Anonymous wrote:It depends on what the Dobbs majority promised to their masters. There is no explicit "right to travel" in the Constitution so we have to look to the history of the issue.
Women in the American colonies were not permitted to travel between the colonies without the permission of their husband or father - so I think there's your answer. /s
Anonymous wrote:They can't.
https://en.wikipedia.org/wiki/Freedom_of_movement_under_United_States_law
Freedom of movement under United States law is governed primarily by the Privileges and Immunities Clause of the United States Constitution which states, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."
More on that page, of course.
Anonymous wrote:No they can’t. Commerce clause prohibits this kind of restriction. There will be lawsuits.
Anonymous wrote:Anonymous wrote:Anonymous wrote:No they can’t. Commerce clause prohibits this kind of restriction. There will be lawsuits.
And SC's religious tribunal would supersede it.
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.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:No they can’t. Commerce clause prohibits this kind of restriction. There will be lawsuits.
And SC's religious tribunal would supersede it.
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.
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.
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…
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:No they can’t. Commerce clause prohibits this kind of restriction. There will be lawsuits.
And SC's religious tribunal would supersede it.
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.
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.
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…
It means that all these companies promising travel expenses and continued coverage for abortions will change their minds
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:No they can’t. Commerce clause prohibits this kind of restriction. There will be lawsuits.
And SC's religious tribunal would supersede it.
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.
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.
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…
It means that all these companies promising travel expenses and continued coverage for abortions will change their minds
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:No they can’t. Commerce clause prohibits this kind of restriction. There will be lawsuits.
And SC's religious tribunal would supersede it.
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.
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.
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…
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:No they can’t. Commerce clause prohibits this kind of restriction. There will be lawsuits.
And SC's religious tribunal would supersede it.
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.
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.