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.
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. The U.S. Supreme Court declined to strike down the Texas law and a challenge in Texas courts was dismissed because the state officials could not be named as defendants.
"Once a state declares a fetus a separate life, the effects doctrine could result in almost endless criminal prosecutions related to out-of-state abortions," wrote Rebouche and her co-authors.In Connecticut, lawmakers last month approved a bill that Governor Ned Lamont has said he will sign that shields abortion providers from lawsuits and prosecution for violating another state's abortion laws.
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