Alabama Abortion Law: Federal Override Possible?

Alabama's abortion laws have evolved from strict regulations in the late 19th and early 20th centuries to a period of liberalization following the landmark 1973 Supreme Court decision in Roe v. Wade, which legalized abortion nationwide. In 2013, a federal judge blocked an Alabama law that imposed medically unnecessary restrictions that would have forced most clinics in the state to stop providing abortions. In 2015, a federal judge struck down another harmful state law that would have severely restricted access to safe and legal abortions. On June 24, 2022, Alabama began enforcing its total abortion ban, prohibiting abortion at all stages of pregnancy following the U.S. Supreme Court's decision to overturn Roe v. Wade. This has raised concerns about states' abilities to prosecute people over abortions that take place across state lines. The question remains whether Alabama's abortion law can override federal law, with experts worrying that a victory for Alabama could set a precedent for other states to attack those who help women seek abortions outside of their state of residence.

Alabama's abortion ban

The abortion ban took effect in June 2022 following the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization to overturn Roe v. Wade. This decision allowed states to enforce their own abortion laws, and Alabama began enforcing its total abortion ban, prohibiting abortion at all stages of pregnancy.

The abortion ban in Alabama has been a divisive issue, with some challenging it as an extreme example of government overreach that strips individuals of their right to choose and criminalizes abortion providers. Senate Bill 35 seeks to add exceptions for rape and incest to the abortion ban, but critics argue that these ""exceptions" are not workable solutions as they require individuals to plead their case to a judge, lawyers, and hospital administrators.

The enforcement of Alabama's abortion ban has had a significant impact on abortion access in the state, with the remaining abortion clinics ordered to cease operations. Additionally, Alabama's abortion ban has raised concerns about prosecuting individuals who seek abortions out of state and those who assist them. Experts worry that a victory for Alabama in enforcing its abortion ban could set a precedent for other states to follow suit and restrict abortion access even further.

Federal judges have temporarily blocked certain Alabama laws that impose medically unnecessary restrictions on abortion providers, but the state continues to enforce its total abortion ban as of 2025. The debate and legal battles surrounding Alabama's abortion ban reflect the ongoing tension between abortion rights supporters and anti-abortion activists, with potential implications for abortion access across the nation.

Roe v. Wade

The lawsuit challenged a Texas law that prohibited abortions except when necessary to save the life of the mother. The three-judge panel unanimously ruled in McCorvey's favour, declaring the Texas law unconstitutional as it violated the right to privacy found in the Ninth Amendment. The case then reached the Supreme Court in 1973, which recognized that the right to decide whether to continue a pregnancy is protected by the liberty clause in the Fourteenth Amendment, which affords privacy.

The Supreme Court's ruling in Roe v. Wade established that the decision to continue or end a pregnancy belongs to the individual, not the government. This decision was consistent with earlier Supreme Court rulings that recognized a right to privacy in intimate and personal decisions, including those affecting child-rearing, marriage, procreation, and the use of contraception. The ruling in Roe v. Wade made abortion legal, more accessible, and safer for many pregnant people across the country.

However, in June 2022, the Supreme Court overturned Roe v. Wade in the case Dobbs v. Jackson Women's Health Organization. This decision has allowed states such as Alabama to enforce total abortion bans, prohibiting abortion at all stages of pregnancy. The overturning of Roe v. Wade has also led to concerns about prosecuting people who travel to other states to seek abortions or help others do so.

Gestational bans

Gestational age bans are laws that prohibit abortion after a specific point in pregnancy. They are a favoured tactic of anti-abortion activists and politicians, who use them to undermine and ultimately overturn the constitutional right to abortion. Gestational age bans have been deemed harmful at any stage of pregnancy, as they establish a point after which the state replaces an individual's reproductive decision-making with its own agenda.

The determination of gestational age is not an exact science, as it is typically defined as the number of weeks since the last menstrual period (LMP) or, in some states, the number of weeks since conception. Only about 5% of births occur on the estimated due date, so any firm legal line outlawing abortion after a specific point in pregnancy can create a chilling effect on abortion care for anyone approaching that point.

In 2019, Alabama enacted a total ban on abortion at any point in pregnancy. The state also retains gestational bans at 20 weeks post-fertilisation and at viability. In 2020, Alabama attempted to exploit the COVID-19 pandemic to ban abortion care, issuing an executive order that purported to suspend "elective" procedures.

The American Civil Liberties Union (ACLU) and Planned Parenthood have challenged Alabama's abortion laws, arguing that they impose medically unnecessary restrictions that would force most clinics in the state to stop providing abortions. In 2013, a federal judge temporarily blocked the law, preventing politicians from taking away a woman's ability to make a personal and private decision about her pregnancy.

TRAP laws

Alabama's abortion laws are among the most restrictive in the country. The state began enforcing a total abortion ban on June 24, 2022, which prohibits abortion at all stages of pregnancy. This came after the U.S. Supreme Court overturned Roe v. Wade in the Dobbs v. Jackson Women's Health Organization case.

While the federal judge blocked the Alabama law that imposed medically unnecessary restrictions on abortion providers, the state still retains targeted regulation of abortion providers (TRAP) laws. TRAP laws are costly, severe, and medically unnecessary requirements imposed on abortion providers and women's health centers. The real aim of TRAP laws is to shut down abortion providers and make abortions less accessible. Medical experts like the American Medical Association and American Congress of Obstetricians and Gynecologists oppose TRAP laws because they do not improve safety and, in fact, hurt people by blocking access to safe medical care.

Alabama's TRAP laws include unenforceable admitting privileges, restrictions on the use of telemedicine for abortion care, and reporting requirements. The state also prohibits public funding and private insurance coverage of abortions and requires a mandatory 48-hour waiting period, biased counseling, and an ultrasound. These laws effectively create barriers to abortion access and isolate pregnant individuals, making it difficult for them to seek the care they need.

Criminal charges for pregnant women

Alabama's abortion laws have been the subject of much debate and controversy in recent years, with critics arguing that the state's legislation criminalizes pregnancy and disproportionately impacts pregnant women, particularly those from marginalized communities.

In 2019, a landmark case involving Marshae Jones brought the issue of criminal charges for pregnant women in Alabama into sharp focus. Jones was arrested and charged with manslaughter after a grand jury indictment claimed that she intentionally caused the death of her fetus by initiating a fight while five months pregnant. This incident sparked widespread criticism and concerns about the increasing regulation of pregnancy in Alabama, with critics arguing that the state was "'criminalizing pregnancy."

Between 2005 and 2022, Alabama had the highest number of arrests of pregnant women in the country, with 649 cases, more than twice the number of the next two states combined. A report by Pregnancy Justice highlighted that the majority of criminal cases against pregnant women in Alabama were related to substance use, including both illegal and legal substances. The report also warned that the state's abortion restrictions and bans could lead to more people facing criminal charges, increased bail, and harsher sentencing.

Alabama's abortion laws have also been challenged in court by organizations like the American Civil Liberties Union (ACLU), Planned Parenthood, and the Center for Reproductive Rights. In 2013, a federal judge temporarily blocked an Alabama law that imposed restrictive requirements on abortion providers, forcing many clinics to stop providing abortions. However, in 2022, following the U.S. Supreme Court's decision to overturn Roe v. Wade, Alabama began enforcing its total abortion ban, prohibiting abortion at all stages of pregnancy.

The state's abortion ban includes various restrictions, such as mandatory waiting periods, counseling, and ultrasounds, as well as limitations on public funding, private insurance coverage, and out-of-state travel for abortions. Alabama's abortion laws have had significant implications for pregnant women, and critics argue that they infringe on individual rights and freedoms, contributing to the criminalization of pregnancy-related decisions and behaviors.

Frequently asked questions