4 ms·

A question I have for any US HN lawyers is: to what extent can states criminalize/apply civil penalties to extraterritorial actions? That is, can a state make i

A question I have for any US HN lawyers is: to what extent can states criminalize/apply civil penalties to extraterritorial actions? That is, can a state make it illegal for a person to have an abortion outside of the territory of that state? It used to be (and sometimes still is) that people would travel to GB from Ireland to receive abortions, but obviously a different legal system applies when it’s countries rather than states.

dougmwne 4y ago
I imagine they could try it. Arrest any pregnant woman attempting to cross state lines.
- kingkawn 4y ago
  Pretty sure this is illegal but we need a hn lawyer to chime in
- FollowingTheDao 4y ago
- tekknik 4y ago
  They could also try and make breathing illegal. You cannot stop anyone from crossing state lines.
  - yucky 4y ago
    Millions of people on probation or parole can not cross state lines..
    - tekknik 4y ago
      So criminals, but everyone else…. Grasping at straws.
bonyt 4y ago
"...as I see it, some of the other abortion-related legal questions raised by today's decision are not especially difficult as a constitutional matter. 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." Slip Op. at 133 (Kavanaugh, J., Concurring). It's just a concurrence, but it seems to indicate that at least one conservative justice feels that states cannot criminalize that. For now.
- hotpotamus 4y ago
  Kavanaugh also said that Roe v Wade was settled law.
Xylakant 4y ago
Force doctors to register pregnancies like Poland plans to (+), punish every woman that doesn’t birth a child 9 months later. No need to prosecute actions out of state. (+) https://www.euronews.com/2022/06/06/poland-s-government-criticised-over-pregnancy-register-amid-strict-abortion-laws https://www.euronews.com/2022/06/06/poland-s-government-crit...
- Pakdef 4y ago
  You don't necessarily have to get an abortion to have a failed pregnancy... and you don't need to go to the doctor for a pregnancy test.
vageli 4y ago
I'm not a lawyer but to me that sounds like a state interfering with interstate commerce.

dougmwne 4y ago

I imagine they could try it. Arrest any pregnant woman attempting to cross state lines.

kingkawn 4y ago
Pretty sure this is illegal but we need a hn lawyer to chime in
FollowingTheDao 4y ago
tekknik 4y ago
They could also try and make breathing illegal. You cannot stop anyone from crossing state lines.
- yucky 4y ago
  Millions of people on probation or parole can not cross state lines..
  - tekknik 4y ago
    So criminals, but everyone else…. Grasping at straws.

bonyt 4y ago

"...as I see it, some of the other abortion-related legal questions raised by today's decision are not especially difficult as a constitutional matter. 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." Slip Op. at 133 (Kavanaugh, J., Concurring). It's just a concurrence, but it seems to indicate that at least one conservative justice feels that states cannot criminalize that. For now.

hotpotamus 4y ago
Kavanaugh also said that Roe v Wade was settled law.

Xylakant 4y ago

Force doctors to register pregnancies like Poland plans to (+), punish every woman that doesn’t birth a child 9 months later. No need to prosecute actions out of state. (+) https://www.euronews.com/2022/06/06/poland-s-government-criticised-over-pregnancy-register-amid-strict-abortion-laws https://www.euronews.com/2022/06/06/poland-s-government-crit...

Pakdef 4y ago
You don't necessarily have to get an abortion to have a failed pregnancy... and you don't need to go to the doctor for a pregnancy test.

vageli 4y ago

I'm not a lawyer but to me that sounds like a state interfering with interstate commerce.