Monday, September 11, 2023

Do we have a Right to Travel?

- Texas highways are the next anti-abortion target. One town is resisting.

https://www.washingtonpost.com/politics/2023/09/01/texas-abortion-highways/

- Dalen v The State.

- Constitution Annotated: Interstate Travel as a Fundamental Right.

- LII: Durational Residency Requirements.

The doctrine of the “right to travel” actually encompasses three separate rights, of which two have been notable for the uncertainty of their textual support. The first is the right of a citizen to move freely between states, a right venerable for its longevity, but still lacking a clear doctrinal basis.1 The second, expressly addressed by the first sentence of Article IV, provides a citizen of one state who is temporarily visiting another state the “Privileges and Immunities” of a citizen of the latter state.2 The third is the right of a new arrival to a state, who establishes citizenship in that state, to enjoy the same rights and benefits as other state citizens. This right is most often invoked in challenges to durational residency requirements, which require that persons reside in a state for a specified period of time before taking advantage of the benefits of that state’s citizenship.