What would happen if Roe vs Wade gets aborted?

[TLK Valentine]

After the amendments to the statute in 1986, it is doubtful, given the presently existing statutory language, the Mann Act criminalizes an adult/parent/guardian taking a minor out of state to obtain an abortion. 18 U.S. Code § 2421 - Transportation generally

It would certainly stretch the statute almost to the point of breaking... but considering that the statute says "any sexual activity for which any person can be charged with a criminal offense," a zealous lawyer could argue that abortion qualifies, since obviously sexual activity was involved at some point in the process, and abortion would be a criminal offense in the state in question.

Now, such an argument should be laughed out of any court in the land... but I'll bet a lot of people said the same thing about the Twinkie Defense...

 

[NotreDame]

Mann Act

Not applicable to an adult/parent/guardian taking a child out of state for an abortion.

Whoever knowingly transports any individual in interstate or foreign commerce, or in any Territory or Possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both.

In this chapter, the term “sexual activity for which any person can be charged with a criminal offense” includes the production of child inappropriate contentography, as defined in section 2256(8).
​

A common sense and reasonable understanding of the phrase "sexual activity" does not include abortion.

 

[TLK Valentine]

A common sense and reasonable understanding of the phrase "sexual activity" does not include abortion.

Let us hope common sense and reason hold sway...

 

[Desk trauma]

Let us hope common sense and reason hold sway...

Not in this timeline.