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Old 05-08-2019, 05:56 PM
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MEBuckner is offline
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Join Date: Aug 2000
Location: Atlanta, Georgia, USA
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As to the idea that this law (or some hypothetical future state law in Georgia or some other state) would make it illegal to travel to another state to get an abortion:

From the GQ thread Can a state punish you for doing something that is legal in another state but not in their state? (which is actually directly about that aspect of this law), Tired and Cranky cites a 1974 SCOTUS decision, Bigelow v. Virginia, which would seem to rule that out:
Neither could Virginia prevent its residents from traveling to New York to obtain those services or, as the State conceded, Tr. of Oral Arg. 29, prosecute them for going there. See United States v. Guest, 383 U. S. 745, 757-759 (1966); Shapiro v. Thompson, 394 U. S. 618, 629-631 (1969); Doe v. Bolton, 410 U. S., at 200. Virginia possessed no authority to regulate the services provided in New York—the skills and credentials of the New York physicians and of the New York professionals who assisted them, the standards of the New York hospitals and clinics to which patients were referred, or the practices and charges of the New York referral services.

A State does not acquire power or supervision over the internal affairs of another State merely because the welfare and health of its own citizens may be affected when they travel to that State. It may seek to disseminate information so as to enable its citizens to make better informed decisions when they leave. But it may not, under the guise of exercising internal police powers, bar a citizen of another State from disseminating information about an activity that is legal in that State.
This was, in fact, an abortion case; since it was about advertisements in Virginia newspapers, it had First Amendment implications which would not necessarily go away if the Supreme Court struck down the "right to privacy"-based Roe and other decisions, but also wouldn't necessarily apply to some hypothetical "traveling for an abortion"/"conspiring to help someone else travel for an abortion" case. However, Bigelow does also seem to pretty clearly state (if only in passing) that a state may not "prevent its residents from traveling to [another state] to obtain [abortion] services or, as the State conceded, prosecute them for going there" (and there seems to be a string of precedents about that). Again, that statement likely falls outside the rationale for Roe and the other abortion-rights decisions, and it therefore seems to me that SCOTUS would have to strike down more than just abortion rights to permit a state to prosecute its citizens merely for traveling to another state to do something that is legal in that other state (or even for "conspiring" to assist its citizens in traveling to another state to do something that is legal in that other state).

(I am still not a lawyer.)