Alabama Lawsuit Over Threatened Abortion Aid Lawsuit Can Move Forward, Court Rules

A federal judge on Monday rejected an attempt to file a lawsuit challenging the Alabama attorney general’s threat to sue those who help travel out of state for abortions, clearing the way for the case to move forward.

U.S. District Judge Myron Thompson, in a preliminary ruling on Monday, said the case brought by the Yellowhammer Fund — a group that supports people who need out-of-state abortions in the Deep South — can continue its lawsuit, which argues that Attorney General Steve Marshall’s (R) threats create an illegal chilling effect on the freedom of expression group.

The group claims it was forced to stop operating its abortion fund for fear of being sued. Alabama banned almost all abortions after the Supreme Court overturned Roe v. Wade. Wade, even in cases of rape or incest.

Last year, Marshall threatened to sue anyone who “aided and abetted” an abortion, sparking confusion among health professionals and groups like the Yellowhammer Fund. This led to an “increased sense of fear and uncertainty for both Plaintiff and pregnant people,” the group wrote in its complaint.

Thompson’s decision, which was a response to Marshall’s motion to dismiss the case, pointed to the constitutional right to travel.

In his decision, Thompson wrote: “Therefore, plaintiffs here correctly argue that the Attorney General cannot constitutionally prosecute people for acts done within the State intended to facilitate lawful conduct outside the State, including obtaining an abortion.”

“The Constitution protects the right to cross state lines and engage in lawful conduct in other states, including getting an abortion,” he added. “The Attorney General’s characterization of the right to travel as merely a right to physically move between States flies in the face of history, precedent and common sense.”

In a related lawsuit, a group of health care providers represented by the ACLU of Alabama also sued Marshall for allegedly explicitly threatening providers with criminal charges if they assist Alabama residents seeking to travel out of state to obtain an abortion.

“Today’s ruling sends a strong signal to anti-abortion politicians that their efforts to prevent pregnant women in states with bans from getting the help they need to access legal out-of-state abortion care are blatantly unconstitutional,” he said. Meagan Burrows, senior team. attorney for the ACLU’s Reproductive Freedom Project, wrote in a statement.

The Hill has reached out to Marshall’s office for comment.

Since the groups filed two lawsuits last July, the state has seen a fierce battle over reproductive rights after the state Supreme Court ruled that frozen embryos were children and therefore those who destroyed them could be held liable for death.

IVF services have mostly been halted in the state, although lawmakers quickly passed legislation to address the civil and criminal liability of IVF providers, prompting some health care providers to resume services. .

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