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Judge Rules Alabama Cannot Prosecute Individuals Assisting with Out-of-State Abortions


A federal judge in Alabama has ruled that the state cannot prosecute doctors and reproductive health organizations for helping patients travel out of state to obtain abortions. This comes after the Attorney General of the state, Steve Marshall, had raised the possibility of charging doctors with criminal conspiracy for recommending abortion care out of state. Multiple clinics and doctors challenged Marshall’s comments in court, arguing that it violated their First Amendment rights and the constitutional right to travel. The Biden administration’s Justice Department also supported the clinics, stating that threatened criminal prosecutions violated a fundamental principle of American constitutional law.

Judge Myron H. Thompson of the Middle District of Alabama, in Montgomery, ruled that prosecuting individuals for assisting in lawful activities in other states would violate both the First Amendment and the right to travel. He emphasized that while Alabama can outlaw certain activities within its own borders, it cannot enforce its values and laws on individuals outside of the state. The ruling has been seen as a victory for reproductive rights advocates and a setback for those seeking to restrict access to abortion. The decision has significant implications for other states with stringent abortion laws and serves as a reminder of the importance of upholding constitutional rights and personal freedoms.

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