A federal judge ruled in favor of abortion providers and a fund that assists women seeking abortions out of state in Alabama. The ruling by U.S. District Judge Myron Thompson stated that prosecuting those who help women travel for abortions violates the First Amendment and the right to travel. This decision comes after Alabama Attorney General Steve Marshall suggested that those involved could face prosecution under anti-conspiracy laws, prompting the Yellowhammer Fund to temporarily halt financial assistance to low-income individuals.
Marshall has not pursued any prosecutions so far but stated he would consider whether facilitating out-of-state abortions violates Alabama’s conspiracy laws. Alabama currently has a strict abortion ban with no exceptions for rape and incest. The judge’s ruling was hailed as a victory by the Yellowhammer Fund, the medical providers, and others who filed the lawsuits against the attorney general.
Thompson emphasized in his 131-page opinion that it is not within Alabama’s jurisdiction to enforce its laws outside of its boundaries, such as punishing individuals who seek legal abortions in other states. He likened it to prosecuting Alabamians traveling to Las Vegas for a bachelor party due to the state’s ban on casino gambling.
The Yellowhammer Fund’s executive director, Jenice Fountain, celebrated the ruling as a win for pregnant Alabamians seeking lawful abortion care outside the state. The attorney general’s office is reviewing the decision to determine its next steps.
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