A view of the U.S. and Texas flags flown on the south side of the Texas Capitol in Austin on Aug. 12, 2021.In the months since Texas outlawed abortion and prohibited adolescents from receiving gender-transition care, women have flooded abortion clinics in nearby states and parents with transgender children have moved to places where puberty blockers and hormone therapy remain legal.
When the U.S. Supreme Court allowed states to set their own laws on abortion, it put them on a political crash course with each other. These recent legal maneuvers from conservatives in Texas indicate a willingness to wade into a Constitutional morass the country hasn’t dealt with since the lead-up to the Civil War.
“The current U.S. Supreme Court, now that it has eviscerated Roe, could revisit Bigelow’s anti-extraterritoriality principle,” they wrote. But as Paxton will likely learn with these recent administrative subpoenas to medical providers in Washington and Georgia, nothing requires states to help each other with cross-border investigations. And, in some cases, it’s even prohibited.
“More than anything it's designed to scare Texas families,” Loewy said. “This more smacks of efforts to just send a loud and clear message that the Attorney General's Office is going to do everything — whether in its power or not — to cut off access to care that trans kids in Texas really need.”In Georgia, Lowell received Paxtons demand for her patient’s medical information the day it was due.
The attorney general’s office has not sought records from any out-of-state abortion clinics, according to a review of its civil investigative demand letters. But conservative legal activist and former Texas Solicitor General Jonathan Mitchell has tried to get abortion funds to hand over records of clients they have helped obtain abortions out-of-state.
The Supreme Court has not often been called to litigate the right to travel, Smith-Drelich said, but it’s an example judges often point to in other decisions as a fundamental right that’s not up for debate. It’s also historically been an ideologically neutral legal question. In the 1800s, as some states abolished slavery and others clung to it more tightly, free states began passing personal liberty laws saying they would not cooperate with efforts to return escaped enslaved people to their enslavers.
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