Alabama Governor Signs Abortion Bill Into Law

On May 15, 2019, Alabama Governor Kay Ivey signed a bill into law that bans nearly all abortions in the state. The law, which is considered the most restrictive abortion law in the United States, makes it a crime for doctors to perform abortions at any stage of pregnancy unless the mother's life is threatened or there is a lethal fetal anomaly. The bill was passed by the Alabama Senate on Tuesday evening, with a vote of 25-6, and by the state House earlier.

Alabama Governor Kay Ivey signs the bill into law

On May 15, 2019, Alabama Governor Kay Ivey signed a near-total abortion ban bill into law. The bill, called the Alabama Human Life Protection Act, bans abortions at all stages of pregnancy except when the mother's health is at "serious risk". The law makes it a felony for doctors to perform abortions, punishable by up to 99 years in prison. However, women who have abortions will not be prosecuted.

The bill was approved by the Alabama Senate on Tuesday evening, with a vote of 25-6, after denying an amendment that would have made exemptions for cases of rape and incest. The state's lower chamber had previously approved the bill by a vote of 74-3.

Governor Ivey, a Republican, released a statement saying that the bill "stands as a powerful testament to Alabamians' deeply held belief that every life is precious and that every life is a sacred gift from God." She acknowledged that the bill may be unenforceable in the short term but expressed her hope that it would lead to a reconsideration of the 1973 Roe v. Wade ruling by the U.S. Supreme Court.

The bill has sparked controversy and protests across the nation, with abortion rights activists condemning it as a coordinated, nationwide strategy to push abortion out of reach for women. Randall Marshall, the executive director of the American Civil Liberties Union of Alabama, vowed to fight the bill in court, arguing that it would ""waste millions in Alabama taxpayer dollars".

The new law was set to take effect after at least six months, but it is unclear if and when it will be enforced.

The bill bans abortions at all stages of pregnancy

On May 15, 2019, Alabama Governor Kay Ivey signed a bill into law that bans abortions at all stages of pregnancy. The law, which is considered the most restrictive abortion law in the United States, makes it a felony for doctors to perform abortions at any stage of pregnancy unless the mother's life is threatened or there is a lethal fetal anomaly. The bill was approved by the state's Senate on Tuesday evening, with a vote of 25-6, after denying an amendment that would have made exemptions for cases of rape and incest.

Under the new law, doctors in Alabama who perform abortions can face felony jail time of up to 99 years if convicted. However, the law specifies that a woman who receives an abortion will not be held criminally liable. The bill's sponsors intended to limit exceptions to push the idea that a fetus is a person with rights, directly challenging the U.S. Supreme Court's landmark Roe v. Wade decision, which established a woman's right to abortion.

The Alabama abortion ban is part of a broader anti-abortion strategy to prompt the Supreme Court to reconsider abortion rights. Governor Ivey acknowledged that the bill may be unenforceable in the short term but defended it as a reflection of Alabamians' deeply held beliefs about the sanctity of life. The bill sparked widespread protests and criticism from abortion rights activists, who vowed to challenge the law in court.

The law was set to take effect after at least six months, but abortion rights organizations assured the public that abortion would remain legal in Alabama during that time. The American Civil Liberties Union's Alabama chapter and other similar groups promised to file lawsuits to prevent the enforcement of the ban and protect women's right to choose.

The Alabama abortion ban is the strictest in the nation, surpassing laws in states like Georgia, Kentucky, Mississippi, and Ohio, which enacted statutes outlawing abortion after the detection of an embryonic heartbeat, usually around six weeks of pregnancy. The Alabama bill, with no threshold for exceptions, is strategically designed to be the law that prompts the Supreme Court to review abortion rights.

Doctors face criminal charges and up to 99 years in prison

On May 15, 2019, Alabama Governor Kay Ivey signed a bill into law that banned almost all abortions in the state. The law, called the Alabama Human Life Protection Act, makes it a felony for a doctor to perform or attempt an abortion during any stage of pregnancy. Doctors who are convicted of performing an abortion in the state would be classified as Class A felons, the highest level of felony in Alabama. The minimum sentence for a Class A felony is 10 years, but it can go as high as 99 years in prison or even life.

The abortion ban makes exceptions for cases where the mother's health is at "serious risk" or if the unborn child has a lethal anomaly. Lawmakers rejected a proposed exception for cases of rape or incest. The bill's sponsor, Representative Terri Collins, said that the bill was a “direct attack" on Roe v. Wade, the 1973 Supreme Court decision that protects a woman's right to an abortion.

The American Civil Liberties Union (ACLU) and Planned Parenthood have stated that they will challenge the Alabama bill in court. Alabama attorney Victor Revill has said that the chances of a doctor actually receiving 99 years for performing an abortion is "highly unlikely". He also stated that the ban is “unconstitutional" and that he "can't see any judge giving a person 99 years" for performing an abortion.

Women who have abortions will not be prosecuted

On May 15, 2019, Alabama Governor Kay Ivey signed a bill into law that bans almost all abortions in the state. The law, which was to take effect in six months, makes it a felony for a doctor to perform or attempt an abortion during any stage of pregnancy. It provides an exception when the mother's health is at "serious risk" or there is a lethal fetal anomaly.

Doctors who perform abortions can face criminal charges that carry a possibility of 99 years in prison. Notably, women who have abortions will not be prosecuted. This aspect of the law reflects the understanding that women should not be criminally liable for making decisions about their own health and bodies.

The bill's supporters see it as a testament to their deeply held belief in the sanctity of life, with Governor Ivey stating that "every life is precious and that every life is a sacred gift from God." However, critics argue that it is a coordinated, nationwide strategy to push abortion out of reach for women.

The law in Alabama is part of a broader anti-abortion strategy to prompt the U.S. Supreme Court to reconsider the right to abortion, specifically challenging the landmark 1973 Roe v. Wade ruling. While the law does not directly prosecute women who have abortions, it raises concerns about access to safe and legal abortion procedures, with abortion rights activists vowing to challenge the law in court.

The bill challenges Roe v. Wade protections

On May 15, 2019, Alabama Governor Kay Ivey signed a near-total abortion ban bill, the Human Life Protection Act, into law. The bill, which makes it a felony for a doctor to perform or attempt an abortion during any stage of pregnancy, was approved by the state's Senate after a contentious floor debate. The bill was designed to challenge Roe v. Wade protections, the 1973 Supreme Court ruling that established a constitutional right to abortion in the US.

Roe v. Wade ruled that the Constitution of the United States generally protected a right to have an abortion. The decision struck down many abortion laws and caused an ongoing abortion debate in the United States about whether, or to what extent, abortion should be legal, who should decide the legality of abortion, and what the role of moral and religious views in the political sphere should be.

The Alabama bill, which includes exceptions for a serious health risk to the mother or a lethal fetal anomaly, was intended to set up a challenge to Roe v. Wade. Governor Ivey acknowledged that the bill may be unenforceable in the short term but expressed her hope that the Supreme Court would revisit the issue. The bill's supporters believed that it presented the best opportunity to overturn Roe v. Wade.

The American Civil Liberties Union (ACLU) and abortion rights activists vowed to challenge the Alabama bill in court, arguing that it would waste millions in taxpayer dollars and infringe on women's rights. The ACLU's Alabama chapter promised to file a lawsuit against the state to "stop this unconstitutional ban and protect every woman's right to make her own choice about her health care, her body, and her future."

The bill's passage reflected a broader trend of states imposing tougher abortion laws and seeking to challenge Roe v. Wade. In 2022, the Supreme Court overruled Roe v. Wade, ending the constitutional right to abortion. This decision emboldened prosecutors to pursue pregnancy-related charges, and hundreds of pregnant women were prosecuted in the year following the ruling.

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