26 votes

Does the "Interstate Commerce Clause" prohibit local or state government from "boycotting" another state

Under the commerce clause, a state cannot (without authorization from Congress), forbid its residents to travel to another state, nor tax such travel. It cannot prohibit imports from, or exports to, ...
David Siegel's user avatar
10 votes

Does the "Interstate Commerce Clause" prohibit local or state government from "boycotting" another state

This very question was somewhat pointedly not decided in a suit by Texas against California, which was denied permission to file suit (Alito and Thomas dissenting). A substantial portion of Texas' ...
user6726's user avatar
  • 215k
10 votes

Is a new Idaho law purporting to ban interstate transport of minors for gender-affirming care constitutional?

Effect of Bill First of all, if this bill (Idaho House Bill 675) is passed in the form linked in the question, section 4, which prohibits transporting a child outside the state, ONLY applies when this ...
David Siegel's user avatar
7 votes

Is a new Idaho law purporting to ban interstate transport of minors for gender-affirming care constitutional?

It is probably not constitutional, most obviously under the dormant commerce clause, and it is also quite likely pre-empted under federal civil rights laws that have been determined to include ...
ohwilleke's user avatar
  • 214k
6 votes

If I consume cannabis and walk across the state line, can I get arrested?

A state's criminal jurisdiction normally applies to acts committed in that state's territory. So if you consume something in state A, you can't be charged in state B for violating state B's ...
phoog's user avatar
  • 37.2k
4 votes
Accepted

Will Arkansas's new abortion law prevent out-of-state abortions?

Your understanding of the bill is correct. Legislation takes effect 90 days after sine die adjournment unless there is an emergency or enactment clause. If a relevant provision of the law is struck ...
user6726's user avatar
  • 215k
4 votes

Right to travel(transportation code definitions)

Very few terms have a single "legal" definition or meaning that applies to all laws, and can be looked up as if in a dictionary. Rather, when a specific meaning is needed in connection with a ...
David Siegel's user avatar
3 votes

Right to travel(transportation code definitions)

First, the right to travel is not specifically enumerated in the Constitution. The right exists under the Privileges and Immunity Clause which states "The Citizens of each State shall be entitled ...
Dale M's user avatar
  • 209k
2 votes

Right to travel(transportation code definitions)

As explained by @DaleM the correct analysis is to look at how the relevant phrases and used in the context of the court cases creating the judicially created constitutional right to travel. In ...
ohwilleke's user avatar
  • 214k
2 votes
Accepted

Texas - New Mexico Razor Wire Fence vs Interstate Commerce

If it interferes with interstate commerce, it would be illegal But, there’s no evidence that it does. There is no general right to walk across privately or publicly owned land whether that’s at a ...
Dale M's user avatar
  • 209k
1 vote

Which state jurisdictions apply on board a US aircraft in flight?

None From the moment an aircraft’s doors are closed for departure until the moment they are opened an aircraft is “in flight” and are covered by the special aviation jurisdiction of the United States ...
Dale M's user avatar
  • 209k
1 vote

Enforcement of Vermont's Quarantine Restrictions

The document you quote does not say "that there are no legal repercussions for breaking Vermont's guidelines". They say that violations of the order do not, alone, provide probable cause to ...
David Siegel's user avatar
1 vote

Right to travel(transportation code definitions)

Under New York State law, as an example, the definitions of none of those terms implicates commerce or excludes noncommercial concerns: transportation Not defined by statute. Dictionary: means ...
phoog's user avatar
  • 37.2k
1 vote

If I consume cannabis and walk across the state line, can I get arrested?

It would depend on what the laws are in the state you entered. In CA there are laws about driving under the influence of marijuana, but you would be walking. There are laws about being under the ...
kleinerde's user avatar
  • 301
1 vote

Does California maintain its own record of minor traffic tickets incurred by out-of-state drivers?

Yes and no. California may attempt to report your violation to your state's DMV. When you move into the state and attempt to obtain your California license, the state of California will attempt to ...
James Shewey's user avatar

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