Publication Date
2026
Presentation Length
20 minutes
College
College of Law
Department
Political Science, Department of
Student Level
Graduate
Faculty Mentor
David L. Hudson, Jr.
Presentation Type
Talk/Oral
Summary
After the decision in Dred Scott v. Sandford and the Fugitive Slave Acts, slave states could effectively undermine the laws of free Northern states and deny African Americans the constitutional right to travel. Today, the denial of that right is faced by a different group. Where once the right to travel was denied to African Americans, it is now being denied to women and pregnant people. In addition to banning abortion, several states have enacted so-called "abortion trafficking" laws which make it a crime to assist a minor in procuring an abortion, even if that abortion is to take place in a state where it is legal. This cannot stand. The right to travel is a fundamental right subject to strict scrutiny. While the new battleground over abortion is uncertain after the Supreme Court's decision in Dobbs, it should be clear that these abortion trafficking laws plainly touch on the right to travel and fail under strict scrutiny.
Recommended Citation
Kimler, Wesley Mark, "Dred Scott by Any Other Name: The New War Over Abortion and the Right to Travel After Dobbs" (2026). SPARK Symposium Presentations. 757.
https://repository.belmont.edu/spark_presentations/757
Comments
Please note that the title of this presentation and the title of the paper differ. These reason for this is that the original paper also discusses laws which limit travel for gender-affirming care. For purposes of this presentation, the focus will be on abortion. However, if desired for clarity, I am fine with keeping the original title of the paper as the title of the presentation.