Abortion and the Constitutional Right to Travel
Presentation Type
Poster
Faculty Advisor
Thomas Loikith
Access Type
Event
Start Date
26-4-2024 11:15 AM
End Date
26-4-2024 12:15 PM
Description
On June 24, 2023, the Supreme Court overruled the landmark decision of Roe v. Wade. Since then, 21 states have banned abortion or imposed time limits on when during a pregnancy a woman can lawfully obtain an abortion. Some states and local governments have also attempted to limit access to abortion by criminalizing efforts of citizens to travel to a state allowing abortions, as well as efforts of others to assist a woman travel out of state, to undergo the procedure. Do such laws violate the long-recognized constitutional right to interstate travel? Are they ethical even if they are lawful? This is a complex problem requiring interdisciplinary research to achieve a more comprehensive understanding of and possible resolutions of the research problem. I analyze the problem through the disciplines of law and ethics. I use qualitative research methodology. I have analyzed court opinions and scholarly and other sources to find common ground between relevant disciplinary insights. I then seek to integrate such common insights to arrive at a more comprehensive understanding of and suggest possible resolutions of the research problem. I have not completed my research and analysis. However, I preliminarily conclude that attempts by states and local governments to limit access to abortion by criminalizing efforts to travel out of state to obtain an abortion are both unconstitutional and unethical. National legislation should be enacted to protect the constitutional right to interstate travel for women seeking an abortion, as well as those assisting them in doing so.
Abortion and the Constitutional Right to Travel
On June 24, 2023, the Supreme Court overruled the landmark decision of Roe v. Wade. Since then, 21 states have banned abortion or imposed time limits on when during a pregnancy a woman can lawfully obtain an abortion. Some states and local governments have also attempted to limit access to abortion by criminalizing efforts of citizens to travel to a state allowing abortions, as well as efforts of others to assist a woman travel out of state, to undergo the procedure. Do such laws violate the long-recognized constitutional right to interstate travel? Are they ethical even if they are lawful? This is a complex problem requiring interdisciplinary research to achieve a more comprehensive understanding of and possible resolutions of the research problem. I analyze the problem through the disciplines of law and ethics. I use qualitative research methodology. I have analyzed court opinions and scholarly and other sources to find common ground between relevant disciplinary insights. I then seek to integrate such common insights to arrive at a more comprehensive understanding of and suggest possible resolutions of the research problem. I have not completed my research and analysis. However, I preliminarily conclude that attempts by states and local governments to limit access to abortion by criminalizing efforts to travel out of state to obtain an abortion are both unconstitutional and unethical. National legislation should be enacted to protect the constitutional right to interstate travel for women seeking an abortion, as well as those assisting them in doing so.