I just want to make sure I understand your answer. I’m going back to the cannabis example to make sure I’m clear in terms of what I’m saying and understanding.

Texas cannot make it illegal to smoke pot in California. We are on the same page there. Texas can however make it illegal to have drugs in your system while in Texas. If you get back from CA and test positive in Texas, I believe you can be charged for having drugs in your system. For instance, you will probably go back to jail if you test positive while on parole. I don’t want the parole thing to confuse the issue - the point is that smoking in CA is not what’s illegal. Being in TX with drugs in your system can be.

This isn’t ex post facto because the law against having terminated your pregnancy would have existed before the patient traveled.

What I’m thinking about specifically is the concern many people have about things like menstrual tracking apps being used by law enforcement to determine if someone was pregnant and now is not. To my reasoning, that means that the concern is ipso facto the termination.

And I agree on keeping any conversations about it in a manner that a prosecutor would be unable to use them to show motivation for travel. I mentioned that when o was asking whether it would be a reasonable defense if/when someone were to be charged (pretending that it doesn’t get overturned).

Narrator:

Weeks later, Ken Paxton, the notoriously embattled Texas AG who has been under investigation for corruption for years, announced intent to prosecute Texans who have abortions out of the state, regardless of the obvious conflicts with federal law.