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Ms. Toad

(38,495 posts)
43. It isn't quite that simple.
Thu Jun 30, 2022, 09:21 AM
Jun 2022

Unlike privacy rights, which aren't explicit in the constitution, both travel and commerce are. It is harder to ignore express provisions of the constitution.

There are reasonably well established tests for evaluating state laws restricting interstate commerce, so they would have to find distinctions within the existing framework. So far, they haven't just abandoned existing framework. Under the existing framework, there isn't any meaningful factor (relevant to evaluating a states laws) to distinguish between two restrictions on traveling to spend money in another state.

This supreme court is certainly stretching standard jurisprudence, but it isn't just making stuff up.


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Husbands beware and be warned! LogicFirst Jun 2022 #1
So a non married woman, who.is pregnant goes right to a lawyer & court? irisblue Jun 2022 #21
K&R Solly Mack Jun 2022 #2
Deputizing foot soldiers to do their dirty work. And they all carry guns. Irish_Dem Jun 2022 #3
They may find precedent in the fugitive slave laws... brush Jun 2022 #4
This is going to happen much more quickly than people expect it to. WhiskeyGrinder Jun 2022 #5
THIS 100% Runningdawg Jun 2022 #8
+1, uponit7771 Jun 2022 #10
This message was self-deleted by its author uponit7771 Jun 2022 #11
They'll try and then they will fail. TwilightZone Jun 2022 #18
Kavanaugh is not a reliable source of constitutional actions irisblue Jun 2022 #22
Read the 14th Amendment TwilightZone Jun 2022 #27
Repugs lie - he is a repug so we know he doesn't tell the truth. lark Jun 2022 #44
This message was self-deleted by its author irisblue Jun 2022 #23
They're using the Texas bounty law as a model though NickB79 Jun 2022 #24
No, it really isn't. TwilightZone Jun 2022 #26
1+ keithbvadu2 Jun 2022 #6
Certain license plates are going to become taboo in the Free states. roamer65 Jun 2022 #7
Like...have we not learned that Republicans just throw shit together and then let it move through WhiskeyGrinder Jun 2022 #9
Told ya Hekate Jun 2022 #12
Mann Act Deep State Witch Jun 2022 #13
Move to Iran or Saudi Arabia if that's the kind of shit you RWNJs want Yo_Mama_Been_Loggin Jun 2022 #14
A few months ago, I would have told you this would be unconstitutional. TomSlick Jun 2022 #15
It still is. TwilightZone Jun 2022 #17
Kavanaugh also said that Roe was established precedent. TomSlick Jun 2022 #19
Apples and oranges TwilightZone Jun 2022 #28
The right to travel is not specifically referenced in the 14th amendment other than the right TomSlick Jun 2022 #30
As is the commerce clause. n/t Ms. Toad Jun 2022 #31
I fear you are relying on what was once the law. TomSlick Jun 2022 #33
Nope. Ms. Toad Jun 2022 #34
Such was the law I was taught. TomSlick Jun 2022 #37
couldn't the current court just decide you can't travel to another state pstokely Jun 2022 #42
It isn't quite that simple. Ms. Toad Jun 2022 #43
Can you provide an Article and Section in the Constitution TomSlick Jun 2022 #45
The word travel is not expressly in the constitution - Ms. Toad Jun 2022 #46
We agree there is no express reference to a "right to travel" in the Constitution. TomSlick Jun 2022 #50
I think the argument is stronger than you suggest. Ms. Toad Jun 2022 #51
For good or ill, we shall soon see. TomSlick Jun 2022 #52
It says what they say it says The Bopper Jun 2022 #49
Won't withstand a legal challenge. TwilightZone Jun 2022 #16
You gotta be living in the Twilight Zone if you thing Kavanaugh can be trusted. Lancero Jun 2022 #32
If will fail. Xolodno Jun 2022 #20
Why not just incarcerate all those of child-bearing age? gratuitous Jun 2022 #25
Two can play at this game. roamer65 Jun 2022 #29
+1. California should require Texas politicians to obtain visas if they want to vacation there dalton99a Jun 2022 #35
Serious question here Mz Pip Jun 2022 #36
I don't think this will actually happen. They will go after the funds via civil penalties. LeftInTX Jun 2022 #38
It is unenforceable, but it sounds good to mouth breathers and knuckle draggers. AZLD4Candidate Jun 2022 #41
Will Alito use Dred Scott as the precedent for this? tinrobot Jun 2022 #39
Abortion Stazi. Welcome to the United States of Police. AZLD4Candidate Jun 2022 #40
Interstate passports up next. Aristus Jun 2022 #47
If I were of reproductive age (past it now), and if I lived in an abortion restrictive state with Sogo Jun 2022 #48
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