Restrict the constitutional right to travel after Dobbs v. Jackson women's health organization
Presentation Type
Abstract
Faculty Advisor
Thomas Loikith
Access Type
Event
Start Date
25-4-2025 9:00 AM
End Date
25-4-2025 9:59 AM
Description
When Roe v. Wade was overruled by Dobbs v. Jackson Women’s Health Organization, the constitutional right to abortion ended. but other constitutional issues were created. Although the Constitution does not explicitly mention it, the Supreme Court has recognized a fundamental right to interstate travel. The Court, however, has not addressed whether there is a fundamental right to travel to obtain an abortion. After Dobbs, some states enacted laws to ban or criminalize interstate travel-or assisting interstate travel-to obtain an abortion. Do such laws violate the fundamental right to interstate travel? How can the rights of states to regulate abortion within their jurisdiction be balanced with the fundamental right to interstate travel? This is a complex question requiring interdisciplinary research to more fully understand it. From January 2025 through March 2025, using qualitative research methodology, I analyzed relevant sources from the disciplines of law and political science to identify conflicting disciplinary insights. Such sources included the Constitution, court opinions, federal and state legislation, and articles from scholarly and non-scholarly sources. I determined common ground between the conflicting insights, and through integration, I achieved a more comprehensive understanding of the problem. That understanding leads to suggested resolutions. As a result of my research, I conclude that the Supreme Court should determine that the fundamental right to interstate travel extends to obtaining an abortion. Additionally, the Freedom to Travel for Health Care Act should be enacted to protect the right to interstate travel or assist someone to travel to obtain an abortion.
Restrict the constitutional right to travel after Dobbs v. Jackson women's health organization
When Roe v. Wade was overruled by Dobbs v. Jackson Women’s Health Organization, the constitutional right to abortion ended. but other constitutional issues were created. Although the Constitution does not explicitly mention it, the Supreme Court has recognized a fundamental right to interstate travel. The Court, however, has not addressed whether there is a fundamental right to travel to obtain an abortion. After Dobbs, some states enacted laws to ban or criminalize interstate travel-or assisting interstate travel-to obtain an abortion. Do such laws violate the fundamental right to interstate travel? How can the rights of states to regulate abortion within their jurisdiction be balanced with the fundamental right to interstate travel? This is a complex question requiring interdisciplinary research to more fully understand it. From January 2025 through March 2025, using qualitative research methodology, I analyzed relevant sources from the disciplines of law and political science to identify conflicting disciplinary insights. Such sources included the Constitution, court opinions, federal and state legislation, and articles from scholarly and non-scholarly sources. I determined common ground between the conflicting insights, and through integration, I achieved a more comprehensive understanding of the problem. That understanding leads to suggested resolutions. As a result of my research, I conclude that the Supreme Court should determine that the fundamental right to interstate travel extends to obtaining an abortion. Additionally, the Freedom to Travel for Health Care Act should be enacted to protect the right to interstate travel or assist someone to travel to obtain an abortion.
Comments
Poster presentation at the 2025 Student Research Symposium.