In a significant judicial decision, a federal judge in Montgomery, Alabama, has ruled that the state’s attorney general cannot pursue legal action against individuals or organizations assisting women from Alabama in obtaining abortions in other states. The ruling came from U.S. District Judge Myron Thompson, who favored an abortion fund and medical providers challenging Alabama Attorney General Steve Marshall’s previous suggestions concerning potential prosecutions under anti-conspiracy statutes. Judge Thompson determined that such legal actions would infringe upon the First Amendment and the constitutional right to travel.
This decision marks a victory for the Yellowhammer Fund, an organization that had previously halted its financial support to low-income individuals seeking abortions due to fear of legal repercussions. Although no prosecutions have been initiated by Marshall, he has indicated a willingness to scrutinize the legality of facilitating out-of-state abortions under current Alabama laws related to criminal conspiracy.
Alabama maintains a strict ban on abortions without exceptions for cases of rape or incest. In his extensive 131-page ruling, Judge Thompson highlighted the distinction between enforcing state laws internally and exerting influence beyond state borders. He emphasized it was not permissible for Alabama to punish its citizens for actions elsewhere that are legal in those jurisdictions but conflict with the state’s own values and laws. Judge Thompson likened the situation to prosecuting citizens planning a bachelor party in Las Vegas due to the state’s prohibition of casino gambling.
The lawsuit, initiated by the Yellowhammer Fund and supported by other plaintiffs including an obstetrician, sought a judicial declaration prohibiting such prosecutions. The organization’s executive director, Jenice Fountain, expressed satisfaction with the ruling, noting it as a significant day for pregnant Alabamians who require legal abortion services outside the state. Fountain criticized the attorney general’s attempts to isolate pregnant individuals from their communities and supportive networks, acknowledging the failure of such efforts.
Meanwhile, the Alabama Attorney General’s office is currently reviewing the court’s decision to understand the potential options available to the state moving forward.