Two abortion clinics are suing the Attorney General of Alabama amid recent comments he made threatening to prosecute those who assist women in accessing out-of-state abortions.
The two clinics say they are afraid to provide counseling services to women due to Attorney General Steve Marshall’s comments.
The Human Life Protection Act, signed into law by Republican Governor Kay Ivey, bans nearly all abortions in every stage of pregnancy. Some exceptions include abortions performed in cases where the life of the mother is threatened or when the baby would be born with a lethal anomaly. (RELATED: Major Pro-Life Org Turns On DeSantis As Campaign Says He ‘Does Not Kowtow To DC Interest Groups’)
Alabama Attorney General Steve Marshall addressed the issue of abortion advocates assisting women in accessing out-of-state abortions during an appearance on a radio show in August 2022.
“There’s no doubt that [the ban] is a criminal law, and general principles that apply to a criminal law would apply to this. Because this is a classic felony, that is the most significant offense we have as far as punishment goes under a criminal statute absent a death penalty case.”
Two clinic owners in Alabama and the ACLU filed a lawsuit Monday seeking to prevent prosecutions of people who provide information or assistance to women who want to travel out of state to get abortions. @aldotcom.https://t.co/Rio7HjWuM0
— The Intellectualist (@highbrow_nobrow) July 31, 2023
“And so provisions relating to accessory liability, provisions relating to conspiracy, would have applicability involving this particular act that was passed by the Legislature,” Marshall said. “So, for example, if someone was promoting themselves out as a funder of abortion out of state, then that is potentially criminally actionable for us. And so, one thing that we will do in working with local law enforcement and prosecutors is making sure that we fully implement this law. You know, and there’s nothing about that law that restricts any individual from driving across state lines and seeking an abortion in another place. However, I would say that if an individual held themselves out as an entity or a group that is using funds that they are able to raise to be able to facilitate those visits, then that’s something that we’re going to look at closely.”
The plaintiffs allege if prosecutions can occur for this reason, “there would be nothing to stop them from selectively prosecuting individuals for speech and conduct relating to any number of other lawful out-of-state activities.”
The plaintiffs have requested the court to declare that if Marshall acts on his threats he would be violating the Due Process clause and the First Amendment of the constitution.
West Alabama Women’s Center, one of the plaintiffs in the case, say they are struggling to keep their doors open after the pro-life measure was passed. The patients they see reportedly dropped from 200 a month to about 80 a month. The clinic is also getting sued for alleged medical malpractice, after an abortion provided at the clinic reportedly nearly killed a woman.
In a statement provided to the Daily Caller, a spokesperson for the office of the Attorney General said, “Attorney General Marshall will continue to vigorously enforce Alabama laws protecting unborn life which include the Human Life Protection Act. That includes abortion providers conspiring to violate the Act.”