Are there five votes to strike down Georgia's travel ban on legal abortion?
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  Are there five votes to strike down Georgia's travel ban on legal abortion?
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Author Topic: Are there five votes to strike down Georgia's travel ban on legal abortion?  (Read 756 times)
I知 not Stu
ERM64man
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« on: February 28, 2023, 11:53:45 AM »

Kavanaugh's concurrence suggests Georgia's travel ban on legal abortion is unconstitutional.
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Ferguson97
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« Reply #1 on: February 28, 2023, 02:14:36 PM »

Alito and Thomas will say it's legal.
The liberals, obviously, will rule against it. Kavanaugh's concurrence makes it sound like he's with them.
ACB could go either way, leaning towards saying it's legal.
So that comes down to Gorsuch and Roberts. I have a very hard time believing they'd both say it's legal, especially if Kavanaugh is saying it's illegal.

My guess is no, they don't have 5 votes. 4 maximum.
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shua
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« Reply #2 on: February 28, 2023, 03:34:53 PM »

Which law is this? I can't find any such law.
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I知 not Stu
ERM64man
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« Reply #3 on: February 28, 2023, 03:37:35 PM »

HB 481 in Georgia.
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shua
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« Reply #4 on: February 28, 2023, 04:15:03 PM »


That is a very speculative interpretation with hardly any support in the text of the law.  Note that the law gives a woman the right to sue whoever performed an abortion on her, which would be odd if it meant to treat that woman as a criminal.
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Nathan
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« Reply #5 on: February 28, 2023, 05:10:57 PM »
« Edited: February 28, 2023, 05:24:19 PM by Command of what? There's no one here. »


That is a very speculative interpretation with hardly any support in the text of the law.  Note that the law gives a woman the right to sue whoever performed an abortion on her, which would be odd if it meant to treat that woman as a criminal.

The issue being asked about in this thread doesn't have anything to do with the punishments imposed, it has to do with the idea of Georgia attempting to exercise criminal jurisdiction outside its own boundaries, which presents Supremacy Clause and possibly Full Faith and Credit Clause issues. I'm not sure if HB 481 as written actually includes that either, but it's been widely reported.
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I知 not Stu
ERM64man
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« Reply #6 on: February 28, 2023, 05:13:54 PM »

Georgia is trying to impose its own state laws outside its jurisdiction.
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SnowLabrador
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« Reply #7 on: March 01, 2023, 07:22:32 PM »

No. That doesn't change the fact that, objectively speaking, it's blatantly unconstitutional.
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TheFonz
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« Reply #8 on: March 01, 2023, 07:46:51 PM »

Alito might say it's constitutional. Maybe. The rest would not.
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NewYorkExpress
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« Reply #9 on: March 01, 2023, 09:01:02 PM »
« Edited: March 01, 2023, 09:40:06 PM by GM Team Member NewYorkExpress »

No(though the Roberts/Kavanaugh/Gorsuch trio all could go either way on this one), but I think that like Dobbs, it would be the five non-Roberts conservatives in the majority voting to uphold.
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shua
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« Reply #10 on: March 01, 2023, 11:50:54 PM »


That is a very speculative interpretation with hardly any support in the text of the law.  Note that the law gives a woman the right to sue whoever performed an abortion on her, which would be odd if it meant to treat that woman as a criminal.

The issue being asked about in this thread doesn't have anything to do with the punishments imposed, it has to do with the idea of Georgia attempting to exercise criminal jurisdiction outside its own boundaries, which presents Supremacy Clause and possibly Full Faith and Credit Clause issues. I'm not sure if HB 481 as written actually includes that either, but it's been widely reported.

If the bill were to attempt to exercise criminal jurisdiction outside of Georgia, how would they do that without imposing some sort of punishment?

Media reports on bills are generally not worth being trusted at all when it comes to any controversial social issue. They tend to report the ~vibes~ they get from a bill and avoid pointing to any specific language in the bill for the thing they are claiming it does.
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« Reply #11 on: March 02, 2023, 10:29:37 PM »


That is a very speculative interpretation with hardly any support in the text of the law.  Note that the law gives a woman the right to sue whoever performed an abortion on her, which would be odd if it meant to treat that woman as a criminal.

The issue being asked about in this thread doesn't have anything to do with the punishments imposed, it has to do with the idea of Georgia attempting to exercise criminal jurisdiction outside its own boundaries, which presents Supremacy Clause and possibly Full Faith and Credit Clause issues. I'm not sure if HB 481 as written actually includes that either, but it's been widely reported.

Could you link some of those reports? I am not finding anything.
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Stand With Israel. Crush Hamas
Ray Goldfield
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« Reply #12 on: March 02, 2023, 10:48:57 PM »

Yes, 6 or 7. The principle being discussed here is whether states have the right to restrict interstate travel, not abortion.
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