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Smackdown2019

(1,184 posts)
Wed Jul 6, 2022, 08:03 PM Jul 2022

ThePrivileges and Immunities Clause(U.S. Constitution,Article IV, Section 2, Clause 1,

"Those who come under the denomination of free inhabitants of a State, although not citizens of such State, are entitled, in every other State, to all the privileges of free citizens of the latter; that is, to greater privileges than they may be entitled to in their own State". James Madison discussed that provision of the Articles of Confederation in Federalist No. 42. Madison wrote.

So if a person travels from lets say Illinois to Texas and needs an abortion. Then that womens right to abortion in Illinois should be afforded her in Texas.

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ThePrivileges and Immunities Clause(U.S. Constitution,Article IV, Section 2, Clause 1, (Original Post) Smackdown2019 Jul 2022 OP
Very interesting argument. CanonRay Jul 2022 #1
However, current SCOTUS just ignores... dchill Jul 2022 #2
I think it says the opposite. docgee Jul 2022 #3
Same here. Raven123 Jul 2022 #4
Sorta. TomSlick Jul 2022 #5
What about jurisdiction? docgee Jul 2022 #7
A really difficult question. TomSlick Jul 2022 #8
Works both ways Smackdown2019 Jul 2022 #6
The problem is that by the time a case got anywhere in the courts, it would be too late. TomSlick Jul 2022 #9
Nah JimPJ Jul 2022 #10

CanonRay

(14,082 posts)
1. Very interesting argument.
Wed Jul 6, 2022, 08:07 PM
Jul 2022

Still, some states wouldn't recognize a guy marriage unless it was legal in that state, until the SCOTUS ruling overrode it.

Raven123

(4,786 posts)
4. Same here.
Wed Jul 6, 2022, 08:33 PM
Jul 2022

That’s the argument against being able to enforce laws against abortion for women who travel to a state where the procedure is legal.

TomSlick

(11,086 posts)
5. Sorta.
Wed Jul 6, 2022, 08:35 PM
Jul 2022

What it says is that someone traveling from Illinois to Texas is entitled to all the rights and privileges of a Texas resident.

The best argument that a Texas resident may travel to Illinois for an abortion without violating Texas law is based on the commerce clause. When SCOTUS was a real judicial body, I would have been confident that medical treatment was "commerce" and Texas could not prohibit a resident from traveling to another state for medical care.

docgee

(870 posts)
7. What about jurisdiction?
Wed Jul 6, 2022, 08:42 PM
Jul 2022

How can any law be enforced outside of jurisdiction? And how can anyone sue without injury?

TomSlick

(11,086 posts)
8. A really difficult question.
Wed Jul 6, 2022, 08:48 PM
Jul 2022

Extra-territorial jurisdiction is a complex problem.

The argument would be that it's the actions in fleeing Texas - that occur in Texas - is what is being prosecuted. I don't think it would fly once the case got beyond the Texas state courts. In the meanwhile, a poor woman will spend time in jail and spend a fortune in legal fees.

Smackdown2019

(1,184 posts)
6. Works both ways
Wed Jul 6, 2022, 08:38 PM
Jul 2022

What people fail to see is, UNITED states means a union. As a whole, not individual states. Freedom to travel is a luxury that most countries do not possess, yet we take it granted. But now, a pregnant mom could file a case to say her rights to choose an abortion in another state has been taking away due those new state laws. Same as if a mother wanted to travel to another state to get an abortion. Freedom to travel with ones rights does not stop at a state line.

TomSlick

(11,086 posts)
9. The problem is that by the time a case got anywhere in the courts, it would be too late.
Wed Jul 6, 2022, 08:51 PM
Jul 2022

A contest of a law prohibiting travel to obtain an abortion could only be mounted after the woman has been convicted.

JimPJ

(1 post)
10. Nah
Wed Jul 6, 2022, 09:10 PM
Jul 2022

"to greater privileges than they may be entitled to in their own State"

IOW if Tex goes to NY with his six shooter he can't strap it on and walk around the apple, if Donna from CO goes to TX she can't expect to smoke bowls in public without getting arrested.
OTOH Donna might be able to strap on a gun and Tex can get an abortion.

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