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Reason
Reason
Damon Root

What Happens if States Ban Out-of-State Travel for Abortion?

If the U.S. Supreme Court reverses Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), a number of American states will immediately criminalize abortion. Some of those states may also attempt to ban women from traveling out of state for the purpose of obtaining a lawful abortion elsewhere. But any such anti-abortion interstate travel ban would be constitutionally defective for multiple reasons.

First, the Constitution protects the right to travel, which necessarily includes the right to interstate travel. This is a fundamental constitutional right that has been repeatedly recognized by the courts. During the debates over the ratification of the 14th Amendment, the right to travel was invoked as one of the privileges or immunities of citizenship that the amendment was designed to protect from state infringement. For a state to prohibit (or even penalize) the act of leaving that state and doing something perfectly lawful in another state would violate this constitutional safeguard.

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