Alabama Attorney General deems aiding women in obtaining out-of-state abortions as a ‘criminal conspiracy’.
Alabama Attorney General Defends Prosecution of Abortion Arrangements
Alabama Attorney General Steve Marshall recently filed a court document asserting that prosecuting individuals who facilitate women’s travel to other states for abortions is well within the boundaries of Alabama law.
In response to Marshall’s statement, abortion advocates filed lawsuits against him, claiming that his comments violated their constitutional rights. One of the groups involved in the legal action is the Yellowhammer Fund, which offers financial assistance and practical support to Alabama women seeking abortions in other states.
However, Marshall dismissed these arguments in his court filing on Monday. He stated, “An elective abortion performed in Alabama would be a criminal offense; thus, a conspiracy formed in the State to have that same act performed outside the State is illegal. Plaintiffs identify no constitutional provision that would bar the State from enforcing that law.”
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The motion further criticized the plaintiffs for suggesting that the provision only applies when the act is illegal in both Alabama and the state where it is carried out. According to the filing, “Nothing in the statute supports that interpretation.”
The court document emphasized that prosecuting a conspiracy formed in Alabama and carried out in another state is not an extraterritorial application of Alabama law. It stated, “The conspiracy is what is being punished, even if the final conduct never occurs. That conduct is Alabama-based and is within Alabama’s power to prohibit.”
California Governor Gavin Newsom responded to Marshall’s statements on social media, declaring that California would not cooperate with any state attempting to prosecute women or doctors for reproductive care.
Punishing Women for Abortion?
Marshall previously sparked controversy by suggesting that women could also be targeted under a different state law for terminating their pregnancies using the abortion pill. The chemical endangerment law, originally intended to protect children from exposure to dangerous substances, has been used to prosecute women who abused drugs during pregnancy.
Alabama’s abortion law focuses on those who perform or facilitate abortions, rather than women seeking or obtaining them. However, Marshall’s office clarified that the state’s abortion ban does not provide a blanket exemption from all criminal laws, including the chemical endangerment law.
Marshall’s statement received significant online criticism, with attorney Emma Roth stating, “Alabama law could not be clearer: ‘No woman upon whom an abortion is performed or attempted to be performed shall be criminally or civilly liable.’ Yet @AGSteveMarshall’s statement will still have its intended effect: creating a culture of fear among pregnant women.”
Alabama has one of the strictest abortion laws in the country, allowing the procedure only in cases where the pregnant woman’s life is in danger, the fetus is not expected to survive, or there is a serious risk to the mother’s physical health.
Abortion Issue in 2024 Election
Marshall’s efforts to prosecute those aiding out-of-state abortion seekers coincide with the 2024 presidential election, which has brought federal abortion bans into the spotlight. President Biden has already expressed support for abortion rights, gaining endorsements from major abortion groups.
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