On Tuesday, a federal judge blocked Alabama’s abortion ban, which was scheduled to be implemented on November 15 and would make Alabama the first state in the United States to make abortion illegal. The American Civil Liberties Union of Alabama and Planned Parenthood Southeast Advocates had filed suit claiming the legislation, which was signed into law last May, was unconstitutional.
As AL.com reports, Judge Myron Thompson of the District Court for the Middle District of Alabama stated of Alabama’s Human Life Protection Act, which would charge doctors with a felony for performing abortions unless the mother’s life was in danger or the baby was still born or likely to die just after its birth: “’The court is persuaded that the plaintiffs are likely to succeed in showing that the Act violates an individual’s constitutional right to obtain a pre-viability abortion, and thus that it violates her constitutional rights.” He concluded:
Alabama’s abortion ban contravenes clear Supreme Court precedent. It violates the right of an individual to privacy, to make “choices central to personal dignity and autonomy”(Casey, 505 U.S. at 851) … It diminishes “the capacity of women to act in society, and to make reproductive decisions.” (Id. at 860). It defies the United States Constitution. The court will, therefore, enter an appropriate order preliminarily enjoining enforcement of the Act as applied to pre-viability abortion.
The Daily Mail noted, “Tuesday’s injunction will ensure that the suit can move forward and upward through the court system – including, quite possibly, the Supreme Court – before coming into effect. Alabama Attorney General Steve Marshall has long been prepared for that possibility. In no uncertain terms, he responded in August to the ACLU and Planned Parenthood suit, announcing that he had every intention of challenging Roe v Wade.”
Marshall issued a statement saying, “The district court’s decision to grant the plaintiffs’ request for a preliminary injunction of Alabama’s 2019 abortion law as to pre-viability abortions was not unexpected. As we have stated before, the State’s objective is to advance our case to the U.S. Supreme Court where we intend to submit evidence that supports our argument that Roe and Casey were wrongly decided and that the Constitution does not prohibit states from protecting unborn children from abortion.”
Rep. Terri Collins, R-Decatur, echoed, “Today’s ruling is both expected and welcomed. Our law was designed to overturn Roe v. Wade at the Supreme Court level, and today’s ruling is merely the first of many steps on that legal journey. I remain confident that our mission will be successful and appreciate the support of millions of citizens who support our effort to preserve unborn life.”
AL.com noted, “Alabama is one of at least six other states attempting to challenge the Supreme Court’s decision on Roe V. Wade, including Ohio, Georgia, Iowa, North Dakota, Kentucky and Mississippi.”
When Alabama governor Kay Ivey signed the bill into law, she tweeted, “Today, I signed into law the Alabama Human Life Protection Act. To the bill’s many supporters, this legislation stands as a powerful testament to Alabamians’ deeply held belief that every life is precious & that every life is a sacred gift from God.”
Today, I signed into law the Alabama Human Life Protection Act. To the bill’s many supporters, this legislation stands as a powerful testament to Alabamians’ deeply held belief that every life is precious & that every life is a sacred gift from God. https://t.co/DwKJyAjSs8 pic.twitter.com/PIUQip6nmw
— Governor Kay Ivey (@GovernorKayIvey) May 15, 2019