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

26 Journal of Healthcare Law & Policy (2023 Forthcoming)

University of Utah College of Law Research Paper No. 534

37 Pages Posted: 7 Feb 2023 Last revised: 23 Feb 2023

See all articles by Leslie P. Francis

Leslie P. Francis

University of Utah - S.J. Quinney College of Law

John G. Francis

University of Utah - Political Science Department

Date Written: February 4, 2023

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.

Suggested Citation

Francis, Leslie P. and Francis, John G., Federalism and the Right to Travel: Medical Aid in Dying and Abortion (February 4, 2023). 26 Journal of Healthcare Law & Policy (2023 Forthcoming), University of Utah College of Law Research Paper No. 534, Available at SSRN: https://ssrn.com/abstract=4347613 or http://dx.doi.org/10.2139/ssrn.4347613

Leslie P. Francis (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

John G. Francis

University of Utah - Political Science Department ( email )

260 S. Central Campus Drive
Room 252
Salt Lake City, UT 84112
United States
801 585 3460 (Phone)
801 585 6492 (Fax)

HOME PAGE: http://www.poli-sci.utah.edu

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