Alabama Attorney General Claims Authority to Prosecute Out-of-State Individuals Providing Abortion Aid

Alabama Attorney General Steve Marshall (R) has filed a court document asserting his authority to bring criminal charges against individuals who aid in obtaining abortion care outside of the state. Marshall argues that coordinating travel for individuals seeking abortion services outside of Alabama could be considered a “criminal conspiracy” since abortion is prohibited in the state. Alabama has some of the most stringent anti-abortion laws in the country.

Marshall’s filing comes in response to a lawsuit brought by abortion rights advocates who assert that his threats infringe upon their freedom of expression. The Yellowhammer Fund, an abortion rights group, argued in the case that Alabama has no jurisdiction over abortions performed in other states, just as other states cannot enforce their own abortion laws within Alabama.

Marshall is seeking the dismissal of the lawsuit, which will be determined at an upcoming hearing. Abortion is effectively illegal in Alabama, with very limited exceptions, including cases of rape or incest. State lawmakers are even considering a law that would make it possible to prosecute individuals who have abortions for murder.

In a separate lawsuit last month, healthcare providers sued Marshall after he explicitly threatened to investigate them on felony charges if they provided any assistance to individuals seeking abortion care. These clinics, which do not perform abortions, expressed fear that even offering abortion-related services like counseling or directing women to websites where they could obtain abortion pills would expose them to legal repercussions.

Marshall’s office has affirmed its commitment to enforcing Alabama laws protecting the unborn, including the Human Life Protection Act. They argue that abortion providers conspiring to violate these laws will be held accountable. This legal battle raises significant questions about the limits of state jurisdiction on abortion and the protection of both free speech and reproductive rights.

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