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Could Alabama punish people for abortions in Massachusetts? – The Boston Globe

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Could Alabama punish people for abortions in Massachusetts? – The Boston Globe


Even before the Supreme Court reversed Roe v. Wade, conservatives dreamed up strategies to stop patients from crossing state lines to seek abortions. A legal case that is underway may lay the groundwork for those dreams to become a reality.

The fight began last July, after Steve Marshall, the Alabama attorney general, threatened to prosecute anyone in Alabama who helps a resident get anabortion out of state. Two health centers and an abortion fund sued Marshall, arguing that his proposal is flat-out unconstitutional — and for more than one reason.

The plaintiffs argue that the kind of prosecution that Marshall has in mind would violate the right to travel and deny them due process of law. Even Supreme Court Justice Brett Kavanaugh, who often casts deciding votes in key cases, has reasoned that states cannot ban interstate travel for abortion without violating the Constitution.

The plaintiffs in the Alabama case argue that the constitutional problems don’t stop there. They suggest that Marshall could censor speech by threatening activists and health care professionals with criminal charges. His actions might even raise questions under the Full Faith and Credit Clause of the Constitution, which requires states to honor the laws and court judgments of other states.

What Marshall is proposing could be politically disastrous too. Abortion bans themselves are unpopular, even in many conservative states, and restrictions on travel have no public backing either. That raises the question: Why exactly is Marshall contesting this lawsuit, rather than simply hoping that his original threat scares people away from helping abortion seekers in the first place?

The answer has two parts. First, the law on when a state can prosecute in circumstances like these is ambiguous and contested, which leaves open the possibility that Marshall could win. Second, if Marshall and others like him want to limit abortion access in progressive states — or even in many conservative or moderate ones — they won’t stand a chance unless they rely on the conservative federal judiciary. That’s just what Marshall is hoping to do in this case.

Kavanaugh did suggest that he would stop states from passing laws banning interstate travel, but that isn’t what Marshall proposes. Whether states can ever prosecute people who help someone seek an abortion out of state is a different question.

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Generally, when two states’ laws conflict, modern principles focus on where the relevant conduct or injury occurred. That’s why it would be hard for a state like Alabama to punish an abortion seeker for a procedure that took place in Massachusetts. But Marshall is trying to work around this limit, promising to prosecute only the planning that takes place in Alabama for an abortion that will be performed elsewhere. States can sometimes prosecute when an element of a crime — or, according to Marshall, an entire conspiracy — takes place within their borders.

If Marshall has found a clever loophole, that still doesn’t mean he will win. It isn’t a crime to conspire to do something legal. And states like Massachusetts not only deny that abortion is a crime; they see it as a protected right. Alabama will respond that it has an interest in protecting its own citizens — even if states like Massachusetts have the authority to set their own rules and protect the reproductive rights of their own citizens. Marshall insists he can intervene to protect the life and dignity of the unborn child — and that is his reason for seeking to exercise power outside state lines.

But Supreme Court precedent raises doubts about whether that will work. In 1975, the Supreme Court addressed the constitutionality of a Virginia law that made it a crime to advertise that one performs abortions. A New York company had run an ad for abortion services out of state, but the court stressed that even if Virginia had an interest in regulating abortion within its borders, that didn’t mean it could tell New York what to do. “The State does not acquire power or supervision over the internal affairs of another State merely because the welfare and health of its own citizens may be affected when they travel to that State,” the Court explained.

What about free speech? Marshall argues that some crimes, like hiring a hit man, require speech — and courts allow that speech to be prosecuted. Here, too, the law is not clear, and Marshall likely knows it. Some courts allow for prosecution when anyone knowingly or intentionally provides information that could be used in a crime. Other courts worry that this kind of approach could sweep in too much valuable speech — not least in cases like this one, where many Americans don’t see abortion as a crime in the first place. The bottom line is that there is ambiguity — when it comes to freedom of speech or the right to travel — and that might create an opening in a conservative Supreme Court that has been hostile to abortion and willing to undo precedent.

The kind of prosecution Marshall has in mind is something no state has been willing to try for more than 100 years. It’s not clear how often he will actually carry through on his threats: It’s been a while since he argued he could prosecute those who helped people seek abortions out of state, but he has yet to go after anyone. Nor is it clear how easy it would be for Marshall’s office to identify those helping out-of-state abortion seekers. The plaintiffs in this case — who dedicate themselves professionally to helping women who need abortions — might be the logical targets of surveillance, but what about anyone else? How easily — or realistically — could Marshall’s office know if a friend or loved one had done something to help someone obtain an abortion?

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But while the outcome of the case remains uncertain, what is clear is that Brett Kavanaugh’s assurances about travel don’t answer all the questions about a messy area of the law, and conservatives like Marshall are ready to see how far they can push.

Mary Ziegler is a professor of law at the University of California, Davis. Her latest book is “Roe: The History of a National Obsession.”





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Massachusetts

This Massachusetts Town is Among Best Summer Travel Destinations

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This Massachusetts Town is Among Best Summer Travel Destinations


There are several reasons why New England is such a popular destination for vacationers and tourists alike during the Summer. And with all the great aesthetics, and of course, an overwhelming wealth of history, Massachusetts is at the heart of all those potential Summer travel destinations. And it’s not just the big cities within the Bay State. There are definitely some small towns that have a certain appeal that give off that perfect Summer vibe. In fact, we now know where you can find one of the best Summer travel destinations in the U.S., right here in Massachusetts.

The popular publication known as, ‘USA Today’ revealed its list of its 10 Best Summer travel destinationsWhile this Massachusetts spot didn’t necessarily make the top 10, it was a runner-up, which still puts it among the top Summer travel destinations in the country. With that, you may have guessed that it’s towards the east coast in the Bay State. That particular town is Nantucket.

Here’s what ‘USA Today’s 10 Best had to say about Nantucket being one of the best Summer travel destinations in America:

In Nantucket, Massachusetts, summer provides a memorable escape for visitors who can enjoy pristine beaches, historic lighthouses, and charming cobblestone streets lined with boutique shops and eateries. The island also hosts several notable summer events, such as the Nantucket Film Festival, celebrating screenwriting and storytelling, and The Happy Place Wellness Symposium.

 

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It seems like it’s definitely the type of go-to destination no matter what season we’re in. That’s just one more destination to head to for your next road trip, especially during the Summer. Enjoy, Massachusetts!

10 MA Towns That Don’t Sound Like They’re in Massachusetts

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19 Massachusetts Towns That End In ‘ham’

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The Scoop on Massachusetts Senator Elizabeth Warren's Dog Bailey

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The Scoop on Massachusetts Senator Elizabeth Warren's Dog Bailey


Massachusetts U.S. Sen. Elizabeth Warren is one of those people you love or loathe. There doesn’t seem to be a middle ground with this Oklahoma-born transplant who pretended to be Native American to better her chances of rising to the top.

In a recent column, National Review columnist Jeffrey Blehar, host of the Political Beats podcast, had little trouble expressing how he feels about the Bay State’s senior senator, calling Warren “a phony who leveraged a fraudulent ethnic identity to climb to the top of academia and subsequently converted it into a lifelong political sinecure.”

Blehar referred to Warren as a “useless, officious busybody and hypocrite scold” who practices “retail politics.”

The Scoop On Massachusetts Sen. Liz Warren’s Dog Bailey

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His comments were in response to Warren’s usual duck and cover, this time from questions about when she knew Joe Biden was out to lunch and not fit to serve a second term.

It reminds me of Warren’s unsuccessful and short-lived 2020 presidential bid. Warren finished fourth in her birth state of Oklahoma in the primary, with 13.4 percent of the vote to Joe Biden’s first-place showing with 38.7 percent.

Warren finished third in her adopted state of Massachusetts, from which she was the sitting U.S. Senator, with 21.5 percent to Biden’s first-place showing with 33.5 percent.

All the while, Warren chugged beer from a bottle, hugged strange children, rode the subway and walked a dog, all to prove she was human. Blehar nailed it.

The Scoop On Massachusetts Sen. Liz Warren’s Dog Bailey

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What about the dog? Some folks believed Warren borrowed or perhaps rented the dog as a campaign prop.

Warren’s dog Bailey was born in May 2018 and belongs to Warren and her Harvard professor husband Bruce H. Mann. They still have Bailey and can be seen walking him from time to time around their Cambridge neighborhood.

Bailey, a male golden retriever named for the lead character George Bailey in the film It’s a Wonderful Life, was a gift from Mann to his wife. The couple previously owned a golden retriever named Otis who died in 2012.

While much about Sen. Elizabeth Warren is a show, Bailey is real and was not a campaign prop.

LOOK: The most popular dog breeds in America

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LOOK: Can you tell the difference between these common pets?

Can you tell the difference between a hamster and a guinea pig? How about a betta and a guppy? Test your pet ID skills in our cute quiz. 

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Massachusetts sees population growth in 2024, bucking recent worries of decline

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Massachusetts sees population growth in 2024, bucking recent worries of decline


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Fueled by immigration, the state’s rebound may be short-lived under Trump-era restrictions.

Four out of five cities and towns in Massachusetts added residents between 2023 and 2024, with the state’s population rising 1.9% since 2020, according to new Census Bureau estimates, offering a counterpoint to fears of decline. 

While experts credit immigration for the growth, they caution it may be short-lived as federal policies grow more restrictive.

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“When you look at statewide figures as longer term trends, immigration has been saving our butts,” said Peter Ciurczak, a senior research analyst at Boston Indicators. 

In 2024, according to a summary by UMass Amherst based on Census Bureau data, approximately 90,000 international immigrants arrived in Massachusetts from abroad, compared to roughly 27,500 domestic migrants who left Massachusetts. 

From July 1, 2023, to 2024, the state population increased by 69,603 people, representing an increase of just under 1%, the most significant rise in annual percentage the state has seen in over a decade. 

Top 10 Mass. Cities and Towns with Most Population Gain

The annual estimates of the resident population for cities and towns in Massachusetts from April 1, 2020 to July 1, 2024. Data is from the U.S. Census Bureau.

City / Town 2023 Population 2024 Population Number of residents gained Percent Difference
Boston 664,603 673,458 8,855 1.3%
Worcester 209,211 211,286 2,075 1%
Cambridge 119,315 121,186 1,871 1.6%
Woburn 42,083 43,895 1,812 4.3%
Revere 58,966 60,702 1,736 2.9%
Lynn 101,868 103,489 1,621 1.6%
Stoneham 23,098 24,550 1,452 6.3%
Newton 89,261 90,700 1,439 1.6%
Lowell 119,153 120,418 1,265 1.1%
Quincy 102,304 103,434 1,130 1.1%

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Population growth is essential because it leads to increased federal appropriations for funding resources and greater representation in Congress. 

However, with new federal immigration policies slowing down border crossings, cutting research grants that sponsor international students, and even revoking student visas outright, experts say that the next round of numbers in the fall should come as no surprise if they decline. 

“It’s hard to say where we’re going to wind up,” said Ciurczak. “I think we’re in uncharted territory in terms of all of the potential impacts.” 

Mark Melnik, director of economic and public policy research at UMass Donahue Institute, agrees, saying, “Immigration drives so much of the story in Massachusetts.”

Following the COVID-19 pandemic, policymakers expressed concerns that the state’s population was declining due to domestic outmigration, primarily among young adults, and a decrease in immigration resulting from COVID-19 restrictions. 

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Foreign-born workers have driven nearly 80% of the state’s labor force growth since the 1990s.

So the increase in outmigration and slowdown in immigration was a “double whammy,” said Melnik. 

Top 10 Mass. Cities and Towns That Lost Population

The annual estimates of the resident population for cities and towns in Massachusetts from April 1, 2020 to July 1, 2024. Data is from the U.S. Census Bureau.

City or Town 2023 Population 2024 Population Population Difference Percent Difference
Concord 18,273 18,092 -181 -1.0%
Barnstable 49,958 49,831 -127 -0.3%
Dennis 14,962 14,862 -100 -0.7%
South Hadley 18,104 18,031 -73 -0.4%
Pittsfield 43,193 43,121 -72 -0.2%
Northampton 31,384 31,315 -69 -0.2%
Amherst 41,049 40,989 -60 -0.1%
Sandwich 20,555 20,507 -48 -0.2%
Southampton 6,223 6,181 -42 -0.7%
Easthampton 16,057 16,020 -37 -0.2%

The increase in population also comes with a caveat — some of the numbers may be skewed slightly due to the method the Census Bureau used to interpret the data. 

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The Census Bureau made revisions in December to improve the representation of humanitarian migrants by incorporating additional data in proportion to where immigrants have historically settled. 

As a result, Massachusetts, a significant destination for immigrants, appeared to experience an increase in its total population. 

There was no surprise in seeing that places that tend to host a lot of immigrants, such as Boston, Cambridge, and gateway cities, also experienced an uptick in population relative to other parts of the state. 

But Melnik believes that once the numbers are revised, the total will decrease. 

Massachusetts has a demographic problem, Melnik said. It has a relatively low birth rate and is an aging state. It is also a highly educated state, with the highest proportion of the population holding a college degree in the nation. The state also has the highest female labor force participation rates. 

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When all of this adds up, it means later family formations, smaller household sizes, and lower birth rates. 

Immigration is a key part of replenishing the population and the labor market, Melnik said. 

On a side note, demographic maps outlining the shift in populations by county in the state show that during the pandemic, people moved away from major cities into the western portions of the state and to the Cape and Islands. 

That trend has since reversed course, Melnik said, and is back to levels seen before the pandemic. 

Ciurczak said people move for opportunities. People are moving to Massachusetts to improve their lives, their families, and their economic situations. And Massachusetts has a lot going for it, especially in the knowledge economy and schools. 

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Concerns over slowing or declining population growth are troublesome, he said. 

“It’s hard to say population growth isn’t beneficial generally, and … to our economy and our culture and to the diaspora of citizens who come here,” Ciurczak said. 

Profile image for Beth Treffeisen

Beth Treffeisen is a general assignment reporter for Boston.com, focusing on local news, crime, and business in the New England region.





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