Employers Respond to Supreme Court’s Decision Striking Down Roe v. Wade In the wake of the U.S. Supreme Court’s decision overturning Roe v. Wade , several large national employers, including Disney and Facebook, stated that they will cover expenses incurred by an employee who must travel out of state for an abortion. Read more about this development here . Perhaps anticipating that some states may try to limit out-of-state travel for an abortion, Justice Kavanaugh posed and answered this question in his concurring opinion : "May a state bar a resident of that state from traveling to another state to obtain an abortion? In my view, the answer is no based on the constitutional right to interstate travel." Thus, efforts by state legislators to limit abortion-related travel are likely to face steep challenges. What is less clear is how an employment policy to reimburse abortion-related travel would be impacted by legislation that criminalizes abortions, including aiding and abetting abortions. However, Utah’s trigger law limiting abortion access does not seem to contemplate criminal penalties against a woman seeking an abortion or those who may aid her (instead, criminal penalties seem to be reserved for those performing abortions, e.g., doctors and […]
