Republican Missouri State Rep. Mary Elizabeth Coleman has introduced an amendment into the state’s House bills that would ban abortions in Missouri and bar people from providing abortions to Missouri citizens or residents or even helping them get abortions out of state, as first reported earlier this week by the Washington Post. The enforcement of this proposed ban, like Texas’ S.B. 8, would be through private lawsuits. The amendment serves as perhaps the starkest example yet of the changes the new Supreme Court majority has unleashed.
Although Coleman’s provision would seem to violate a lot of key constitutional principles — including the right to travel, federalism principles and traditional rules that states respect the laws of other states — a trio of law professors examining what the legal landscape would look like should the Supreme Court overturn Roe by June have concluded it’s entirely possible that such restrictions could be upheld by a majority of the current justices.
“We are skeptical, even though we believe these laws are unconstitutional under a number of different constitutional doctrines, that those arguments will win the day,” Rachel Rebouché, a professor at Temple University Beasley School of Law, told Grid in a Zoom conversation this week. Rebouché is one of the co-authors of “The New Abortion Battleground,” a draft article due to be published in the Columbia Law Review, that looks at what disputes are likely to arise should Roe be overturned.
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