The Road Now Taken: The Privileges or Immunities Clause and the Right to Travel

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Is the Supreme Court's ruling in Saenz v. Roe a nod to 30 years of right-to-travel precedent or a clarion call to begin a new era of litigation based on the Privileges or Immunities Clause of the U.S. Constitution? Saenz moves the analysis of the right to travel to a new stage by pointing to a potential new source for asserting the rights of the poor—rights that might be protected by heightened judicial scrutiny.

By Martha F. Davis, Risa E. Kaufman, and Henry A. Freedman From November - December 1999