The DOJ vows to protect people’s ability to travel out of state for abortion care, but legal experts warn we can’t take it for granted.
that would guarantee a right to travel across state lines to obtain an abortion, many are worried that conservative states that have started restricting abortion rights could soon decide to block people seeking abortions from leaving their own state for that purpose. Many Republican lawmakers are alreadythis possibility.
The Biden administration, aware that Congress will likely not act on abortion rights before the November midterms, has been making efforts to determine what the executive branch can do to protect abortion access on its own. President Joe Biden an executive order at the beginning of the month that directed the Department of Health and Human Services to expand access to abortion pills, protect patient privacy, and more.the establishment of a Reproductive Rights Task Force, which will “monitor and evaluate” efforts to ban abortion pills, prevent someone from obtaining an abortion in a state where it is legal, or punish federal employees who provide health care that is legal at the federal level.
In terms of what the Justice Department can do if a state were to ban traveling to obtain an abortion, the most likely response would be a lawsuit against that state. Mary Ziegler, a law professor at UC Davis, says the agency would argue that such a ban is unconstitutional. , which, that states may not ban people from traveling across state lines to get an abortion. That being said, Ziegler isn’t exactly confident the right to travel will remain protected.
“What Kavanaugh said was really vague. It’s true there’s a right to travel, but I don’t know how much that gets you,” says Ziegler. “There used to be a right to abortion, and now there is not. When the court is talking about unenumerated rights, that can change. Even if you take Kavanaugh at his word about this, that doesn’t answer all of the questions.”by the Supreme Court in the past.
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