Alabama Abortion Law: Signed, Sealed, Delivered?

On May 15, 2019, Alabama Gov. Kay Ivey signed into law one of the nation's most restrictive abortion bans, the Human Life Protection Act. 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 legislation, which passed with overwhelming support in the Alabama Legislature, was seen as an attempt to get the U.S. Supreme Court to reconsider the landmark 1973 Roe v. Wade ruling, which legalised abortion nationwide.

The Alabama Human Life Protection Act

On May 15, 2019, Alabama Governor Kay Ivey signed the Alabama Human Life Protection Act into law, banning abortions at any stage of development, regardless of viability. The law was passed by both houses of the Alabama Legislature and prohibits all abortions in the state except those necessary to prevent a serious health risk to the woman or in cases where the unborn child has a lethal anomaly.

The Act reclassifies performing an abortion as a felony punishable by up to 99 years in prison for doctors carrying out the procedure. It does not make exceptions for cases of incest, rape, or human trafficking. However, abortions are permitted if the mother is likely to die or suffer substantial and irreversible harm due to the pregnancy. Removing ectopic pregnancies and deceased fetuses are also allowed regardless of gestational age.

The Act has been met with opposition and protests from abortion rights activists, who argue that it restricts women's reproductive rights and freedom. On the other hand, anti-abortion activists support the legislation, believing that it protects the rights of the unborn and promotes a culture of life.

The bill's sponsors

The bill was drafted by the Alabama Pro-Life Coalition. It was introduced into the Lower House on April 2, 2019, and passed the Lower House on April 30, the Senate on May 14, and was signed into law by Governor Ivey on May 16, 2019.

The Alabama Human Life Protection Act, also known as House Bill 314, was approved by overwhelming majorities in both chambers of the Legislature.

The bill's passage

On May 15, 2019, Alabama Governor Kay Ivey signed the Alabama Human Life Protection Act, also known as House Bill 314, into law. The bill was drafted by the Alabama Pro-Life Coalition and introduced into the Lower House on April 2, 2019. It passed the Lower House on April 30, the Senate on May 14, and was signed into law by Governor Ivey on May 16, 2019.

The Alabama Human Life Protection Act is one of the nation's most restrictive abortion laws. It prohibits abortions at any stage of pregnancy and makes it a crime for doctors to perform the procedure, except in cases of a medical emergency. The law includes no exceptions for rape or incest and requires two doctors to agree that a mother has a "serious mental illness" for her to be exempt.

The bill was approved by Alabama legislators, but Governor Ivey recognised that its aggressiveness would likely not be approved in federal court due to Roe v. Wade. However, Alabama legislators hoped that the bill could weaken pre-existing abortion protections.

On May 24, 2019, Planned Parenthood, the ACLU of Alabama, and ACLU filed a lawsuit to challenge the anti-abortion bill on behalf of Alabama abortion providers. On October 28, 2019, US District Judge Myron Thompson granted a preliminary injunction, blocking the bill from taking effect until the court could resolve the case in full. Judge Thompson declared that the bill defied previous rulings in Roe v. Wade and the US Constitution.

On June 24, 2022, the Supreme Court overturned Roe v. Wade, and Judge Thompson lifted the injunction, allowing the Alabama Human Life Protection Act to go into effect.

The bill's enforcement

On May 15, 2019, Alabama Gov. Kay Ivey signed the Human Life Protection Act into law, making Alabama's abortion laws some of the most restrictive in the nation. The law prohibits all abortions except those necessary to prevent a serious health risk to the woman or in cases where the foetus has a lethal anomaly. Doctors found to be performing abortions could face up to 99 years in prison.

The law was granted an injunction until June 2022 when the U.S. Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, allowing the Act to go into effect. The remaining three abortion clinics in Alabama were ordered to cease operations.

The Alabama Human Life Protection Act was passed by the state's Republican-led legislature and makes performing an abortion at any stage of pregnancy a felony. The only exceptions are when there is a serious health risk to the mother or the foetus has a lethal anomaly that would cause it to die shortly after birth. The law does not make allowances for cases of rape or incest.

The law was challenged by abortion rights activists, with Planned Parenthood and the ACLU of Alabama filing a lawsuit on May 24, 2019, on behalf of the state's abortion providers. A federal judge temporarily blocked the law from taking effect on November 15, 2019, calling it "clearly unconstitutional".

However, after the Supreme Court overturned Roe v. Wade in 2022, the injunction was lifted, and the law went into effect. This led to the closure of the state's remaining abortion clinics.

The enforcement of the Alabama Human Life Protection Act has had a significant impact on abortion access in the state, with women seeking abortions facing increased challenges and restrictions.

The bill's opposition

The Human Life Protection Act, also known as House Bill 314, was signed into law by Alabama Governor Kay Ivey on May 15, 2019. The bill was met with strong opposition from Democratic politicians and activists, as well as criticism from a number of Republican politicians.

Democratic Opposition

The bill was opposed by Democratic politicians such as Hillary Clinton, Joe Biden, Nancy Pelosi, Chuck Schumer, Cory Booker, Kirsten Gillibrand, Kamala Harris, Doug Jones, Amy Klobuchar, Bernie Sanders, Elizabeth Warren, and Alexandria Ocasio-Cortez. Jena Griswold, the Democratic Secretary of State of Colorado, banned work-related travel to Alabama in response to the bill. Maryland Comptroller Peter Franchot called on the state's pension system to divest from Alabama-based companies.

Republican Opposition

Some Republican and conservative leaders also opposed the bill, including Senator Mitt Romney, House Minority Leader Kevin McCarthy, Senator Lisa Murkowski, and Senator Susan Collins. Conservative commentator Tomi Lahren called the bill "too restrictive" and said it would force women to use more dangerous methods of abortion. Former President Donald Trump affirmed his opposition to abortion except in cases of rape, incest, or danger to the mother's life.

Activist Opposition

Abortion rights groups such as POWER House demonstrated in the state capital in opposition to the bill. On May 19, hundreds of people protested the legislation at the state capitol. Advocacy groups within the state of Alabama, such as the Yellowhammer Fund, received more donations following the bill's passage.

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