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The Road Now Taken

The Privileges or Immunities Clause and the Right to Travel

By Martha F. Davis, Risa E. Kaufman & Henry A. Freedman

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.

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