The Soapbox

CMUHoo

Joined: 09/19/2008 Posts: 3846
Likes: 6800


Ok, let's look at this a different way


The FOID example breaks down because you can't have a gun in Illinois without the card. It might be hard to enforce said law (witness the Chicago crime everyone crows about), but it holds up as a legal theory.

Underneath the argument you're making is some sense that the fetus has rights in the state that its mother lives in. When she leaves the state to get an abortion, the fetus is being killed/aborted/removed from her (choose your preferred language). She comes back and is no longer pregnant, but her home state wants to prosecute her or whoever helped her leave the state in the name of protecting the rights of the aborted fetus.

That's not how the law works. If a husband and wife leave Ohio and go to Indiana and he murders her in Indiana (as an example), Indiana prosecutes the crime. Ohio can't go out and prosecute him if Indiana for some reason chooses not to. Likewise, several states permit physician-assisted suicide. If a husband takes his cancer-stricken wife to Oregon so she can die in the manner she chooses, Ohio can't prosecute him for that when he comes back home. What he did was legal in Oregon and Ohio doesn't have intrinsic authority to defend the rights of its residents when they leave the state. By the same token, the Ohio courts don't have purview over the rights of the fetus when the mother leaves the state.

In short, states can ban abortion within their borders. That certainly reduces abortions, since not everyone can afford to go to a state that allows them. But they can't prevent a woman from traveling to another state to get an abortion. There's just no legal standard to back that up, though I wouldn't put it past Thomas and Alito to make one up and see if they can't get 3 more votes for it.

(In response to this post by Hoodafan)

Posted: 07/15/2022 at 5:26PM



+1

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