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> There is no way this can be upheld, right? Interstate travel is specifically protected federally and incorporated against the states. Kavanaugh’s concurring
by aksss 4y ago
> There is no way this can be upheld, right?
Interstate travel is specifically protected federally and incorporated against the states. Kavanaugh’s concurring opinion specifically says this is an easy question to answer and it would be presumably unconstitutional to prevent people from having abortions in other states. Suggesting otherwise at this point is fear-mongering in very bad faith.
> who decides
More like, what laws decide. If the majority is infringing on protections from federal or state constitutions or federal or state legislation, the majority doesn’t win. Otherwise they do. Majorities can affect the laws given enough time and sustained effort.
- poulsbohemian 4y ago>Interstate travel is specifically protected federally and incorporated against the states. Kavanaugh’s concurring opinion specifically says this is an easy question to answer and it would be presumably unconstitutional to prevent people from having abortions in other states. Suggesting otherwise at this point is fear-mongering in very bad faith. Sure, but if they throw someone seeking an abortion in jail or tie them up in the court system, it may be irrelevant whether is is legal because that person still can't travel. That of course assumes they have the money and resources to travel, and that the health care systems in those neighboring states is accessible. I don't have the stats in front of me, but we already know there is going to be a flood of people from Idaho into WA seeking services and we have very few clinics east of the Cascades as it is.
- selimthegrim 4y agoPresumably the Mann Act would be used as a template