A decision from a federal judge is imminent regarding whether Alabama has the authority to prosecute healthcare providers and advocates in the state who assist pregnant individuals in obtaining abortions outside its borders.
Since Alabama’s stringent trigger law took effect after the Supreme Court overturned Roe v. Wade in 2022, abortion has been nearly entirely banned in the state, with no exceptions for rape or incest.
Legal decision looming on Alabama’s push to criminalize abortion support
Attorney General Steve Marshall (R) had previously announced his intention to use the state’s criminal conspiracy laws to target anyone who helps facilitate an abortion, raising concerns among healthcare providers and abortion funds about potential legal repercussions for advising or supporting out-of-state abortion access.
Abortion access was already limited in Alabama before Roe’s reversal, with advocates noting that 20% of individuals had to travel out of state for procedures. Now, with most of the Southeast imposing bans or severe restrictions, crossing this complicated legal landscape requires travel.
Organizations such as the Yellowhammer Fund and the West Alabama Women’s Center (WAWC) have sued Marshall, seeking to halt his enforcement threats. The Yellowhammer Fund claims that Marshall’s threats have created an unlawful chilling effect, forcing them to suspend their support services for individuals seeking abortions.
WAWC, which stopped providing abortions in 2022, has expressed fear of even sharing information about legal abortion services due to potential legal risks. Their lawsuit argues that Marshall’s threats exceed state authority and infringe on constitutional rights.
The plaintiffs, represented by the ACLU of Alabama, argue that Marshall’s actions represent an overreach that isolates individuals from necessary support and information. They remain hopeful after a recent court decision rejecting Marshall’s attempt to dismiss the case, believing a successful outcome will send a strong message about the limits of legal overreach.
