I don’t expect it to get past a SCOUTS ruling, but this court is pretty terrible.
The “originalists” on the court have a lot of precedent on their side, for example the Fugitive Slave Laws and the Dred Scott v. Sanford case.
Those were of course overturned by the 13th Amendment, but they can still be used as precedent outside the context of slavery: If a state has chosen to take away people’s basic human rights, then people can’t regain those rights just by fleeing to another state.
