(06-26-2022 06:02 PM)GoodOwl Wrote: (06-26-2022 05:44 PM)b0ndsj0ns Wrote: (06-26-2022 05:35 PM)GoodOwl Wrote: The above reposts should get you started in understanding how complicated this can become.
Kavanaugh disagrees with you
"Second, as I see it, some of the other abortion-related legal questions raised by today’s decision are not especially
difficult as a constitutional matter. For example, may a
State bar a resident of that State from traveling to another
State to obtain an abortion? In my view, the answer is no
based on the constitutional right to interstate travel. May
a State retroactively impose liability or punishment for an
abortion that occurred before today’s decision takes effect?
In my view, the answer is no based on the Due Process
Clause or the Ex Post Facto Clause. Cf. Bouie v. City of
Columbia, 378 U. S. 347 (1964).
Other abortion-related legal questions may emerge in the �
Cite as: 597 U. S. ____ (2022) 11
KAVANAUGH, J., concurring
future. But this Court will no longer decide the fundamental question of whether abortion must be allowed throughout the United States through 6 weeks, or 12 weeks, or 15
weeks, or 24 weeks, or some other line. The Court will no
longer decide how to evaluate the interests of the pregnant
woman and the interests in protecting fetal life throughout
pregnancy. Instead, those difficult moral and policy questions will be decided, as the Constitution dictates, by the
people and their elected representatives through the constitutional processes of democratic self-government."
https://www.law.cornell.edu/supct/pdf/19-1392.pdf
This will be litigated, because this will happen and some will push it through the courts. Now "In my view" is clearly not the same thing as saying "No, never." And it always rests on the circumstances in the case. I think that is why this Justice was careful enough to say that it was his view. Other Justices may well differ, it will depend on the cases presented for review. And I agree with Justice Kavanaugh that people do have the right to Interstate Travel, but even the UCCJEA distinguishes from the mere right to Interstate Travel and doing so for nefarious purposes. Although, to be fair, Justice Scalia famously pointed out that is sometimes ignored. Murder and a day at then beach are two relatively different enough things that it will at the least need to be specifically clarified by the courts through litigation. Even if Federal legislation to this end is passed I'd expect it to be tested in the courts to at least some level.
I do think anyone using Justice Kavanaugh's view you quoted above in his statement to justify why they should be found not guilty for murder when traveling interstate would at least have some 'splainin' to do. Murder is Murder. Crossing a State line is crossing a State line. Combine the two and it's not gonna be a day at the beach.
It may not be a day at the beach (unless the state they travel to has a coastline), but it won't be a crime under current law. Obviously the state with the abortion clinic permits the termination of pregnancies, so no crime there so long as the laws on gestational limits, etc. are followed. And no federal crime is involved. Crossing a state line is a currently recognized Constitutional right, and murder is the intentional killing of a person. A fetus is not a person under federal law, and thus cannot be "murdered" under the regular statute. A person under federal law must be born alive -
"1 U.S. Code § 8 - “Person”, “human being”, “child”, and “individual” as including born-alive infant
(a)In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words “person”, “human being”, “child”, and “individual”, shall include every infant member of the species homo sapiens who is born alive at any stage of development.
(b)As used in this section, the term “born alive”, with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
©Nothing in this section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being “born alive” as defined in this section.
(Added Pub. L. 107–207, § 2(a), Aug. 5, 2002, 116 Stat. 926.)"
In 2004 W Bush signed the Unborn Victims of Violence Act, which does make it a federal crime to injure or kill a fetus during the commission of a violent federal crime. But that doesn't apply to your scenario, as it specifically excludes any abortion or other medical care that the mother has consented to -
"10 U.S. Code § 919a - Art. 119a. Death or injury of an unborn child
(a)
(1)Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section and shall, upon conviction, be punished by such punishment, other than death, as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for that conduct had that injury or death occurred to the unborn child’s mother.
(2)An offense under this section does not require proof that—
(i)the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or
(ii)the accused intended to cause the death of, or bodily injury to, the unborn child.
(3)If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under paragraph (1), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being.
(4)Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.
(b)The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 926, 928, and 928a of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 126, 128, and 128a).
©Nothing in this section shall be construed to permit the prosecution—
(1)of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
(2)of any person for any medical treatment of the pregnant woman or her unborn child; or
(3)of any woman with respect to her unborn child.
(d)In this section, the term “unborn child” means a child in utero, and the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.
(Added Pub. L. 108–212, § 3(a), Apr. 1, 2004, 118 Stat. 569; amended Pub. L. 114–328, div. E, title LX, § 5401(13)(B), Dec. 23, 2016, 130 Stat. 2939; Pub. L. 115–91, div. A, title X, § 1081©(1)(N), Dec. 12, 2017, 131 Stat. 1598.)"