Almost half of the states in the country have made it harder to get an abortion since the Supreme Court in 2022 overturned the federal right to get an abortion. Fourteen states ban abortions in almost all circumstances, and another eight in almost all cases after 6 to 18 weeks of pregnancy.
Justice Brett Kavanaugh wrote in the 2022 Dobbs decision that states cannot legally prevent their residents from going to another state to get an abortion, because he believes there is a “constitutional right to interstate travel.”
The U.S. Constitution does not, however, explicitly recognize a “right to interstate travel.” But the Supreme Court has issued decisions as far back as 1867 that can be interpreted to protect this right—and some scholars are confident that such a right exists.
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