The legal precedent that will shape the battle over out-of-state abortion laws is complicated. If the current Supreme Court is willing to overturn a decision as big as Roe, it 'could easily revisit' the scattered precedents, a paper’s co-authors concluded.
Joanna Liverance, 26, of Detroit protests with abortion-rights supporters outside the Supreme Court on June 29, 2022. When the U.S. Supreme Court overruled Roe v. Wade — the five-decade-old decision that protected abortion rights nationally — it created a new legal battlefield.
that would enforce abortion restrictions through civil lawsuits if the abortion is administered outside the state. "As a general matter, states cannot use ordinary criminal laws to prosecute people for crimes committed outside of their borders,"of Drexel University, Greer Donley of the University of Pittsburgh, and Rachel Rebouché of Temple University in a recent legal journal article. But this general rule "has enough gaps to allow prosecution of a wide variety of crimes that take place outside the jurisdiction of a state," they said.
However, Cohen and his co-authors argued that this precedent doesn’t necessarily offer much protection for women who want to travel out of state to obtain an abortion. "State A could argue that, unlike traveling to engage in gambling or smoking marijuana, an abortion has continuing effects in State A, namely, the death of a citizen or future citizen of the state," Chin said.
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