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Old 05-08-2019, 02:58 PM
Sinaptics is offline
Join Date: Oct 2007
Posts: 994
Originally Posted by MEBuckner View Post
The only mention I can find of this is what looks to me like some rather speculative reasoning in this Slate article by Mark Joseph Stern:

IANAL, but I'm really wondering if this holds water. Suppose Alice from Georgia travels to Texas and shoots Bob in the face; stipulate she traveled to Texas with the express purpose of doing that. But Texas' reaction is basically Ah, he needed killin'. Can Georgia prosecute Alice here? Is there any precedent for such a prosecution? And if Alice got her friend Chris to give her a ride to Texas, is there any precedent for Georgia trying to prosecute Alice and Chris for conspiracy to murder Bob, where the alleged murder took place entirely in Texas (and which Texas, for whatever reason, has no interest in prosecuting)?

I'm not just JAQing off here; this all sounds very improbable to me--as I said, I am not a lawyer, but my understanding is that "jurisdiction" is a pretty fundamental concept in law. (I know the U.S. has some federal laws criminalizing conduct outside the United States, either because the victims of the crime are U.S. persons or because the perpetrators of the crime are U.S. persons; but the U.S. is a sovereign state; Georgia isn't.)

Even if Roe were totally overturned, I think SCOTUS could very well quash such a (hypothetical) law as this on federalism and jurisdiction grounds.

I wonder if any actual lawyers have said anything about that claim in the Slate article.
I suppose they could still get Alice on conspiracy charges if they could prove it.