Re: "inJohn Roberts' America....."

[Andrew Koppelman]

The fact that I'm agreeing with Jim Henderson will doubtless be occasion for agonized soul-searching, prayer and fasting.  I'm appalled by the idea of extraterritorial abortion bans.  But there is a substantial argument that your home jurisdiction may have a right to govern your behavior even when you travel.[1]  The United States has recently made it a crime for American citizens to have sex with children while they are traveling abroad.[2] 


[1] See Mark D. Rosen, Extraterritoriality and Political Heterogeneity in American Federalism, 150 U. Pa. L. Rev. 855 (2002).
[2] Prosecutorial Remedies and Tools Against the Exploitation of Children Abroad Act, Pub. Law 108-21, 117 Stat. 650 (2003).





At 11:39 AM 7/22/2005, you wrote:

In a message dated 7/22/2005 12:33:08 P.M. Eastern Daylight Time, [EMAIL PROTECTED] writes:

I am not sure about this.  Change the hypo a bit.  Imagine no contrary federal law.  Surely a state with a speed limit of 60 MPH cannot ban state citizens from going 70 MPH on out-of-state highways where that is legal.  Is the real issue whether, say, the law of Blue State must give extra-territorial effect to the law of Red State which declares a fetus a person.

All persons born or naturalized in the United States are citizens of the United States and of the State wherein they reside.  Suppose that a young mother of an unborn baby resides in Maryland.  Does the interest of Maryland, in the health and safety of its citizens, dissipate when temporarily those citizens visit other states?  Why?
 
Jim Henderson
Senior Counsel
ACLJ
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________________________________________

Andrew Koppelman
Professor of Law and Political Science
Northwestern University School of Law
357 East Chicago Avenue
Chicago, IL  60611-3069
(312) 503-8431
mailto:[EMAIL PROTECTED]
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