"inJohn Roberts' America....."

truger at law.upenn.edu truger at law.upenn.edu
Fri Jul 22 08:24:35 PDT 2005


Political and logistical realities aside, I wonder if another way an 
anti-abortion state could achieve some extraterritorial prohibition 
would make use of the full faith and credit clause and track the way 
child custody and support orders are currently enforced outside a 
state.  If a state knew of a particular citizen planning to travel to 
have an abortion, the state AG's office could have a state court enter 
an order giving the state "protective jurisdiction" over the fetus, 
then require all other states to give FF & C to the protective custody 
order and stop the abortion.  Query whether a state court could enter 
an unspecified blanket order granting the state protective custody 
over "all unborn children being borne by citizens of the state" that 
would be reissued weekly or daily to capture all new pregnancies, and 
then enforced in the courts of surrounding states.  

Best,

Ted

Theodore Ruger


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