After Roe v Wade, next U.S. abortion battle: state v state_freckle removal wollongong

Brendan Pierson, Tom Hals and Jacqueline Thomsen·4 min read

By Brendan Pierson, Tom Hals and Jacqueline Thomsen

(Reuters) - With the U.S. Supreme Court expected to strike down the right to an abortion, the next legal fault line is already taking shape as lawmakers from anti-abortion states explore ways to take the radical step of extending bans to states where the procedure remains legal.

A leaked draft opinion by Supreme Court Justice Samuel Alito this week overruling the landmark 1973 Roe v. Wade decision that established abortion rights has the potential to fray relationships between states on opposite sides of abortion and test Constitutional limits, according to legal experts.

"Justice Alito argued that returning abortion to the states is going to make a workable law and reduces the conflict we've seen in the courts," said Rachel Rebouche, the interim dean of Temple University Beasley School of Law. "I don’t see that future."

Legal experts said they are watching far-reaching proposals like those in Missouri that are aimed at preventing women from traveling out of the state to end a pregnancy or from obtaining abortion-inducing medication from a state where it is legal.

A bill introduced last year would extend the state's civil and criminal restrictions to providers in states with legalized abortion if the procedure were performed on a Missouri resident. It even applied if a non-resident had sex in the state and it led to conception.

Such laws will likely be challenged as violations of the U.S. Constitution's Dormant Commerce Clause, which prohibits undue burdens on interstate commerce, or the right to travel, according to legal experts.

“One of the fundamental aspects of a federal system is the ability of U.S. citizens to cross state lines, to move around,” said Lee Strang, a professor at the University of Toledo College of Law. “Mississippi can’t say, thou shalt not travel to Alabama for abortions.”

The bill's sponsor, Senator Andrew Koenig, did not respond to a request for comment.


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