A few states have discussed such legislation. Libertarian blogger Ilya Somin argues that there are two likely reasons this would not fly. One is that this likely violates interstate commerce laws; he does note that at least two Supreme Court justices are on record disagreeing with the Dormant Commerce Clause, but not five. The second reason given is that states simply lack jurisdiction over occurrences in other states. The third reason given is that it would require the Supreme Court to reinterpret its longstanding view on a right to travel.
I suspect that laws crafted like this would target organized travel providers (likely Planned Parenthood, or maybe more broadly, companies like Amazon offering money to allow employees to travel out of state for this purpose) more so than individual people traveling for their own abortions. I'm not sure if that changes Volokh's calculus at all as that distinction wasn't made in the article.
Somin acknowledges he may be wrong about what courts would actually do. He also says what may be obvious; that Congress could pass a law banning such travel, though this is a moot point as it is difficult to imagine Congress would be willing to do this but not ban abortion altogether.
https://reason.com/volokh/2022/05/10...is-overturned/
(I know this is written from a pro-choice perspective, but few seem to be talking about it, and it's written in a largely objective manner until the activism near the end.)
I suspect that laws crafted like this would target organized travel providers (likely Planned Parenthood, or maybe more broadly, companies like Amazon offering money to allow employees to travel out of state for this purpose) more so than individual people traveling for their own abortions. I'm not sure if that changes Volokh's calculus at all as that distinction wasn't made in the article.
Somin acknowledges he may be wrong about what courts would actually do. He also says what may be obvious; that Congress could pass a law banning such travel, though this is a moot point as it is difficult to imagine Congress would be willing to do this but not ban abortion altogether.
https://reason.com/volokh/2022/05/10...is-overturned/
(I know this is written from a pro-choice perspective, but few seem to be talking about it, and it's written in a largely objective manner until the activism near the end.)
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