Can Republicans stop patients from leaving the state for an abortion? Some are willing to try. irin reports
A clinic in Shreveport, Louisiana, in April. Photo: François Picard/AFP via Getty Images It sounds so simple, idealistic even. Roe v. Wade and its descendants, writes Justice Samuel Alito in his leaked draft opinion, have not “ended debate over the issue of a constitutional right to obtain an abortion,” and for that reason and others, “must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives.
Red-state legislators and anti-abortion activists aren’t idiots; they know abortion patients have already been fleeing their states to end pregnancies, when they aren’t ordering pills online to do it outside the bounds of existing law. Texas provides a prophecy.
In a forthcoming paper, Cohen and co-authors Greer Donley and Rachel Rebouché argue chillingly that the governing law is by no means settled. “The Constitution’s general prohibition of state restrictions on interstate travel, burdens on interstate commerce, or application of a state’s law outside its borders should make it difficult for antiabortion states to enforce these laws,” they write.
In the abortion realm, minors have been the canary in the coal mine for restrictions on interstate travel. “Minors are the easier target,” said Rebouché, because courts have already agreed that their rights, including the right to travel, can be restricted or balanced through laws that require notifying or getting permission for an abortion from a guardian or a judge.
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