On June 24, 2022, with the case Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court overturned its 1973 ruling in Roe v. Wade, setting off a cascade of abortion bans in 26 states. [1] However, lawmakers in several states, such as Arkansas, South Dakota, Texas, and Missouri, are now considering even further bans that would prevent women from traveling to obtain an abortion in a state where it is legal. Such bans could also potentially outlaw anyone from “aiding and abetting” travels for abortion purposes. [2] When reviewing the Constitution and subsequent Supreme Court and lower court decisions, it is clear that these laws are unconstitutional. Out-of-state abortion bans do not have legal standing due to protections by the Commerce Clause and the Privileges and Immunities Clause of the Constitution, as interpreted by various courts.
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