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aBORTION

ent has long exercised its interstate commerce authority to prohibit interstate activity harmful to minors and their families. In 1910, Congress used its Commerce Clause power to enact the Mann Act, which prohibits the interstate transportation of women or minors for purposes of "prostitution or debauchery, or for any other immoral purpose." The Supreme Court upheld the enactment of this law as a constitutional exercise of Congress' power over transportation among the several states. The Court reasoned that if men and women employ interstate transportation to facilitate a wrong, then their right to interstate travel can be restricted.(3) With respect to state laws requiring parental or judicial involvement in minors' abortion decisions, federal legislation is warranted due to the scope of the practice of avoiding such laws and the profound physical and psychological risks of an abortion to a minor. As the Supreme Court has observed, "[t]he medical, emotional, and psychological consequences of an abortion are serious and can be lasting; this is particularly so when the patient is immature."(4) The taking of an underage girl out of state for an abortion by someone who may have no knowledge of her prior medical or psychological history poses many dangers which could be avoided through the involvement of her parents. A parent would be able to alert the abortionist to any known allergies to anesthesia and medication, provide pertinent information from the girl's prior medical or psychological history, and provide authorization for the release of pertinent data from family physicians.Moreover, in light of the dangers involved with the abortion procedure itself, the fact that an adult would take a minor out of state for such a procedure without notifying her parents is particularly troubling. Hemorrhaging, perforation or ripping of the uterus, anesthesia complications, and even death are all risks of abortion procedures. Surely parents have a ...

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