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U.S. District Judge Myron Thompson ruled Monday evening that the State of Alabama cannot prosecute groups or individuals who help Alabama women travel to get a legal abortion out of state.
Attorney General Steve Marshall had threatened to prosecute such groups on the grounds that abortion is outlawed in the state, and that groups helping women to get abortions out of state were therefore complicit in a crime.
In a declaration of summary judgment on behalf of the plaintiffs, Thompson said applying that same argument to other circumstances reveals its flaws.
“For example, the Alabama Attorney General would have within his reach the authority to prosecute Alabamians planning a Las Vegas bachelor party, complete with casino-style gambling, since casino-style gambling is outlawed in Alabama,” Thompson wrote.
Yellowhammer Fund, an Alabama abortion fund, alleged that the Attorney General’s threats of prosecution were preventing it from providing support to pregnant Alabamians who seek legal care across state lines and therefore sued the Attorney General in July 2023.
“Today is a good day for pregnant Alabamians who need lawful out-of-state abortion care,”said Jenice Fountain, Executive Director of Yellowhammer Fund. “The efforts of Alabama’s attorney general to isolate pregnant people from their communities and support systems has failed.”
Marshall had publicly considered the possibility of prosecuting individuals who provide assistance to women seeking abortions, but the state has not charged anybody with such a crime.
