As the Supreme Court recognized more than 170 years ago, “we are one people with one common country. We are all citizens of the United States, and as members of the same community must have the right to pass and repass through every part of it without interruption, as freely as in our own states.” The right of all US citizens to travel freely among the states, the Court later explained in United States v. Guest (1966), “was conceived from the beginning to be a necessary concomitant of the stronger union the Constitution created.” [...]
Thus, there are two potential reasons why Abbott’s order may be legitimate. The first is that it applies to Texans and non-Texans alike — a Houston resident who returns home from a trip to Newark will spend two weeks in isolation, just like a New York resident who travels to Dallas to visit a family member. The second is that Abbott has a “substantial reason” for imposing this order. He believes that it will reduce the number of people who enter Texas carrying a terrible disease. [...]
The premise of Edwards — indeed, the premise of the post-New Deal order — is that the federal government would provide a baseline of health, prosperity, and security to the nation as a whole. In return, the states would give up their role as the sole providers of “assistance to the needy,” and with it their power to close their borders to poor Americans.
