Federalism and the Right to Travel: Medical Aid in Dying and Abortion

Abstract

This article explores how rights to movement may limit state efforts to restrict abortions, either directly or indirectly. We use the language of “movement” to encompass short-term visits, longer-term residency changes, and the movement of goods or services across state lines. We prefer “movement” to “travel” or “tourism,” as this language risks trivializing the seriousness of what might be at stake. However, since “travel” is the term used in many U.S. court decisions and other discussions concerning the right, we use that term as relevant to these. The centerpiece of our defense is the relationship between freedom of movement and what it is to be fully recognized as a person in a federal society. Our defense is nuanced; some interferences with interstate movement go to the very heart of what it is to be recognized as a person, whereas others may not.