ICYMI: Overturning Roe will ignite a legal civil war
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Mother Jones
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Red and blue states are already moving in the direction of a cross-border legal war over abortion access that could fundamentally change how states interact and cooperate
motherjones.com
Overturning Roe will ignite a legal civil war
Most blue states aren't prepared for abortion prosecutions targeting their citizens.
6:24 PM · Jun 10, 2022
https://www.motherjones.com/politics/2022/05/roe-abortion-interstate-connecticut-missouri/
In his draft opinion overturning the constitutional right to an abortion, Supreme Court Justice Samuel Alito asserts that returning the question of abortion to the states would end difficult legal disputes over abortion, as each state forges their own consensus. Legal experts warn, however, that the opposite is true. Red and blue states are already moving in the direction of a cross-border legal war over abortion access that could fundamentally change how states interact and cooperate.
We are going to see threats to basic assumptions of how states work together, warns David Cohen, an abortion rights expert at Drexel Universitys law school, as red states enact laws that limit the ability of their citizens to cross state lines and seek reproductive health care. Normally, states cooperate. Normally, states leave their laws within their borders. But because anti-abortion states are going to get so aggressive in trying to solve this problem of what do we do for people traveling out of state, its going to create all these issues.
It would be as if South Carolina, which still criminalizes marijuana possession, tried to prosecute dispensaries in Oregon that sold their wares to vacationing Alabamians, or if Utah, one of two states banning gambling, started prosecuting Las Vegas casinos that allow Utahans to play the slots.
This is would be a new kind of cross-state legal hardball, yet it is one predicted in The New Abortion Battleground, a Columbia Law Review draft paper released in February. We feel fairly confident that states will increasingly try to reach outside of their borders, says Greer Donley, one of its three co-authors and an expert on reproductive rights law at the University of Pittsburgh School of Law. The anti-abortion movement has been quite clear that their goal is to end abortion nationwide.
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