Alabama's Abortion Law: Constitutional Conflict Explored

Alabama's abortion law, which prohibits all abortions except when the mother's life is at risk, has been temporarily blocked by a federal judge. The law, which was passed in 2019, makes performing an abortion a felony punishable by up to 99 years in prison for doctors. The law has been deemed unconstitutional by US District Judge Myron Thompson, who wrote that it defies the United States Constitution and violates the right of an individual to privacy. The state's attorney general, Steve Marshall, has stated that the intention is to advance the case to the US Supreme Court, in the hope of overturning Roe v. Wade, the 1973 ruling that legalised abortion across the nation.

Alabama's abortion law bans all abortions except when the mother's life is at risk

Alabama's abortion law, the Human Life Protection Act, bans all abortions except when the mother's life is at risk or she faces serious health risks. The law does not allow exceptions for rape or incest. The act classifies abortion as a Class A Felony, which is the highest charge in Alabama law. The law was passed in May 2019 and signed by Governor Kay Ivey, who acknowledged that it was illegal under federal law and likely unenforceable at the time.

The law came into effect following a vote by the Alabama legislature, with 67 to 14 votes in the House of Representatives and 25 to 7 in the Senate. The bill's sponsor, Rep. Terri Collins, and others have stated that the law was designed to get the Supreme Court to overturn Roe v. Wade, the landmark 1973 decision that legalised abortion nationwide. The law treats the unborn child as a person entitled to protection under Alabama law.

The law has been challenged in court by abortion rights groups, and a federal judge temporarily blocked the law from taking effect in October 2019, stating that it violated the right to privacy and prevented women from obtaining abortions in Alabama. The state's attorney general, Steve Marshall, has said that the state's objective is to advance the case to the US Supreme Court and submit evidence that Roe v. Wade was wrongly decided. The Supreme Court did indeed overturn Roe v. Wade in 2022.

The law makes no exceptions for rape or incest

The Alabama Human Life Protection Act, also known as the state's abortion ban, came into effect in June 2022. The law makes no exception for rape or incest, only allowing limited exceptions in cases that pose "serious health risks" to the pregnant individual. This means that survivors of rape or incest must plead their case to a judge, lawyers, and hospital administrators to receive an abortion, which can be cruel and unfair.

The lack of exceptions for rape and incest in Alabama's abortion ban has been criticised by many, including the ACLU of Alabama, Planned Parenthood, and some politicians. Opponents of the law argue that people should not need permission to access abortion care and that one-size-fits-all laws do not work. They also highlight the difficulties that survivors of sexual assault face in reporting to law enforcement, which is often required to receive an abortion under the law.

The Alabama abortion ban is part of a broader trend in the United States, with 10 out of 21 states with abortion bans or gestational limits not providing an exception for pregnancies resulting from sexual assault. This has led to very few abortions being provided in these states, even in those with sexual assault exceptions. For example, Mississippi and Idaho each had only five documented abortions in 2023, and it is unclear how many of these were provided under the rape exception.

The Alabama abortion ban has been challenged in court, with US District Judge Myron Thompson granting a preliminary injunction and writing that the abortion ban "defies the United States Constitution" and "violates the right of an individual to privacy, to make choices central to personal dignity and autonomy." The state of Alabama has indicated that they intend to bring the case to the US Supreme Court, hoping to overturn national abortion laws, including Roe v. Wade.

Doctors who perform abortions can be imprisoned for up to 99 years

The Alabama Human Life Protection Act, also known as the abortion ban, was signed into law by Governor Kay Ivey in May 2019. The law prohibits all abortions in the state except those necessary to prevent a serious health risk to the woman or when the unborn child has a lethal anomaly. The act reclassified performing an abortion as a felony, punishable by up to 99 years in prison for doctors who carry out the procedure.

The law was passed with the intention of overturning Roe v. Wade, the 1973 Supreme Court decision that legalised abortion across the nation. Supporters of the Alabama law, including the bill's original sponsor, Rep. Terri Collins, expected lower courts to block the law, but saw this as a necessary step towards their ultimate goal of reaching the Supreme Court.

The law has been criticised for not allowing exceptions for rape or incest victims. Physicians who provide abortions under the law could face life imprisonment. However, women who receive abortions will not be held criminally liable.

The law has been deemed unconstitutional by US District Judge Myron Thompson, who wrote that the abortion ban "defies the United States Constitution" and "violates the right of an individual to privacy".

The law was designed to get the Supreme Court to overturn Roe v. Wade

Alabama's abortion law, also known as the Human Life Protection Act, was designed with the intention of getting the Supreme Court to overturn Roe v. Wade. The law, which was passed in 2019, makes it illegal to perform an abortion at any stage of pregnancy unless the mother's life is at serious risk or the foetus has a fatal complication. Notably, the law does not allow exceptions for cases of rape or incest.

The bill's original sponsor, Rep. Terri Collins, has stated that the law was intentionally designed to be a challenge to Roe v. Wade. By enacting this law, Alabama joined several other states with highly restrictive abortion laws, with the hope that the legal challenges to these laws would eventually reach the Supreme Court. Indeed, supporters of the Alabama law explicitly wanted the Supreme Court to revisit and overturn Roe v. Wade, the 1973 decision that legalised abortion nationwide.

The law's author, Rep. Terri Collins, has said that the bill was crafted to be strong enough to force federal court intervention, with the ultimate goal of achieving national restrictions on abortion. This intention was acknowledged by Alabama Governor Kay Ivey when she signed the bill into law, noting that it was likely unenforceable under federal law at the time.

The law's supporters expected lower federal courts to block the law, viewing this as a necessary step on the path to reaching the Supreme Court. Indeed, US District Judge Myron Thompson granted a preliminary injunction, preventing the law from taking effect until the court could fully resolve the case. Judge Thompson's decision affirmed that the Alabama abortion ban "defies the United States Constitution" and "violates the right of an individual to privacy, to make choices central to personal dignity and autonomy".

The Alabama abortion law is part of a broader trend of conservative states attempting to enact new restrictions on abortion in the wake of the Supreme Court's new conservative majority. The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which overruled Roe v. Wade, has emboldened these states to further restrict abortion access.

The law does not penalise women seeking or obtaining an abortion

Alabama's abortion law does not penalise women seeking or obtaining an abortion. The law focuses on penalising those who perform abortions, with physicians and other healthcare workers found in violation facing felony charges and years in prison.

The law, called the Human Life Protection Act, was passed in 2019 and is one of the most restrictive abortion laws in the US. It prohibits all abortions unless medically necessary to avoid a serious health risk to the pregnant woman. There are no exceptions for cases involving rape, incest, or human trafficking.

The penalties for violating the law are harsh. Committing an illegal abortion is charged as a Class A felony punishable by 10 to 99 years in prison, while attempting an illegal abortion is charged as a Class C felony punishable by one to 10 years in prison.

Despite the law's severe restrictions, there is no criminal or civil liability for a pregnant woman who chooses to have an abortion in violation of the law. This means that women who seek or obtain an abortion will not face any legal consequences under Alabama's abortion law.

The law was blocked by a federal court in 2019, which found that it defied previous rulings in Roe v. Wade and the US Constitution. However, the injunction was lifted after the Supreme Court overturned Roe v. Wade in June 2022, allowing the law to go into effect.

While abortion providers in Alabama have stopped providing direct assistance for elective abortions, nonprofit organisations like the Yellowhammer Fund continue to assist women with questions about abortion access and reproductive healthcare. These organisations have faced threats of criminal charges from the state's Attorney General, who has stated that groups assisting residents with obtaining abortion services out of state may be charged with conspiring to violate the abortion law.

Alabama's abortion law has been highly controversial, with abortion rights advocates arguing that it places an undue burden on pregnant women and restricts their access to essential healthcare. The law has also been criticised for not providing exceptions for cases of rape, incest, or human trafficking.

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