Alabama can鈥檛 prosecute groups who help women travel to get an abortion, federal judge says
Alabama鈥檚 attorney general cannot prosecute people and groups who help Alabama women travel to other states to obtain abortions, a federal judge ruled Monday.
U.S. District Judge Myron Thompson sided with an abortion fund and medical providers who after he suggested they could face prosecution under anti-conspiracy laws. Thompson鈥檚 ruling declared that such prosecutions would violate both the First Amendment and a person鈥檚 right to travel.
Marshall has not pursued any such prosecutions. However, he said he would 鈥渓ook at closely鈥� whether facilitating out-of-state abortions is a violation of Alabama鈥檚 criminal conspiracy laws. The ruling was a victory for Yellowhammer Fund, an abortion assistance fund that had paused providing financial assistance to low-income people in the state because of the possibility of prosecution.
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Alabama at any stage of pregnancy with no exceptions for rape and incest.
鈥淚t is one thing for Alabama to outlaw by statute what happens in its own backyard. It is another thing for the state to enforce its values and laws, as chosen by the attorney general, outside its boundaries by punishing its citizens and others who help individuals travel to another state to engage in conduct that is lawful there but the attorney general finds to be contrary to Alabama鈥檚 values and laws,鈥� Thompson wrote in the 131-page opinion.
Thompson said it would be the same as the state trying to prosecute Alabamians planning a Las Vegas bachelor party since casino gambling is also outlawed in the state.
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Yellowhammer Fund, an obstetrician and others had filed lawsuits seeking a court declaration that such prosecutions are not allowed.
鈥淭oday is a good day for pregnant Alabamians who need lawful out-of-state abortion care,鈥� Jenice Fountain, executive director of Yellowhammer Fund, said in a statement. 鈥淭he efforts of Alabama鈥檚 attorney general to isolate pregnant people from their communities and support systems has failed.鈥�
A spokesperson for the Alabama attorney general鈥檚 office said, 鈥淭he Office is reviewing the decision to determine the State鈥檚 options.鈥�