Ops!….
As several state warm up efforts to limit or even go after women thgat travel for abortions or the places they have them?
Someone has pointed out something…
Two of the Alito 5 have affirmed their view that it IS legal for women to go and get an abortion across state lines on the ‘interstate’ travel’ basis…
Pushimng against this by some states ccould result in a 5-4 ruling from the court supporting women and the place they would travel to….
But?
Remember…
Some of these people lawyers on the High Court don’t believe in people having ‘Rights’.
Hmmmm?
Justice Brett M. Kavanaugh signed the recent majority opinion that overruled Roe v. Wade. He also issued a 12-page concurring opinion, writing only for himself. He wanted to discuss, he wrote, “the future implications” of the decision.
“Some of the other abortion-related legal questions raised by today’s decision are not especially difficult as a constitutional matter,” he wrote. “For example, may a state bar a resident of that state from traveling to another state to obtain an abortion? In my view, the answer is no based on the constitutional right to interstate travel.”
A few hours later, Rory Little, a law professor at the University of California’s Hastings College of the Law, noted a bit of irony on Twitter: “Justice Kavanaugh votes to overrule abortion protections because not specifically mentioned in the Constitution — and then his concurrence relies on an unwritten ‘constitutional right to interstate travel.’”….
…
You will indeed search the Constitution in vain for the word travel, just as you will not find the word abortion. And though some form of a constitutional right to travel is almost uniformly accepted, the Supreme Court has struggled to say exactly where to find it or precisely how to define it.
“We need not identify the source of that particular right in the text of the Constitution,” Justice John Paul Stevens wrote in a 1999 decision of “the right of a citizen of one state to enter and to leave another state.”…
…
Justice Kavanaugh, for his part, cited no precedents or constitutional provisions for his statement that a state may not “bar a resident of that state from traveling to another state to obtain an abortion.”
The real-world issue, in any event, is not whether women seeking abortions would be stopped at the state’s border but rather what would happen afterward — to the women, to those who helped them travel and to out-of-state abortion providers….