“May a state bar a resident of that state from traveling to another state to obtain an abortion?” he wrote in a concurring opinion. “In my view, the answer is no based on the constitutional right to interstate travel.”
Kavanaugh also said he didn’t believe a state could constitutionally impose liability or punishment for an abortion that took place before the court’s ruling Friday. He said that practice would violate either the Constitution’s due process clause or the ex post facto clause, which bars retroactive punishment.
He said those types of abortion-related legal questions “are not especially difficult as a constitutional matter.”
Kavanaugh’s vote is key because he
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