Alabama AG: State Can Prosecute Those Who Assist Out-of-State Abortion

Facts

• According to a court filing by Alabama Attorney General Steve Marshall, the state has the authority to prosecute those who help women leave Alabama for out-of-state abortions.¹
• Marshall submitted the filing asking a federal court to dismiss a lawsuit brought by pro-abortion advocacy groups, which claims that prosecuting people who help women travel for out-of-state abortions violates their constitutional rights.²
• Marshall argues that aiding a woman’s travel to circumvent Alabama’s abortion laws could be considered “criminal conspiracy” and that the state has the power to prohibit any Alabama-based conduct that defies its abortion laws.³
• However, the plaintiffs, who filed their lawsuit on July 31, argue that Alabama doesn’t have the authority to restrict travel accommodations for women seeking an abortion, just as other states cannot invalidate Alabama’s laws.⁴
• Following the Dobbs Supreme Court decision last year that overturned Roe v. Wade, Alabama banned abortions in nearly all instances.⁵
• The American Civil Liberties Union and Yellowhammer Fund are leading the lawsuit against Alabama, and there will be a hearing on Sept. 5 that will determine whether or not the case is thrown out.⁵

Sources: ¹CNN, ²Associated Press, ³KITV Island News, ⁴Alabama Reflector, and ⁵AL.

Narratives

• Left narrative, as provided by Daily Kos. Alabama continues to show why it's one of the most oppressive states as its attorney general doubles down on his power to determine what a conspiracy is and punish those who help a woman travel out of the state to exercise her reproductive rights. Alabama cannot impose its anti-choice laws on other states or restrict people's movements.
• Right narrative, as provided by AP Health. Despite claims to the contrary, Alabama has the legal authority to prosecute those who conspire to break its laws. Alabama isn’t trying to enforce its laws in other states or restrict women's movements; it's simply targeting conspiracies to break the law within the state’s borders. Alabama has rightly been at the forefront of protecting life and will continue to be.

Predictions