After the Dobbs ruling last year, there was a lot of discussion about states being able to decide their own stance on abortion. Some states would ban it, some would allow it, and Justice Brett M. Kavanaugh even assured us that women in states that banned abortion would still have the freedom to travel to other states for the procedure. However, Alabama is now challenging that notion.
Alabama already has strict laws prohibiting almost all abortions, including cases of rape and incest. Now, Alabama Attorney General Steve Marshall is taking it a step further by suggesting that helping women travel to other states for abortions could be considered a “criminal conspiracy” under state law, and he’s prepared to prosecute.
In a recent court filing, Marshall stated that even if an abortion is legal in the state where it is performed, it would still be illegal under Alabama law. He argued that “the legality of abortion in other states is irrelevant” and that “Alabama can criminalize Alabama-based conspiracies to commit abortions elsewhere.”
This is the reality of the current situation in America after the Roe v. Wade decision. Women in conservative states are at the mercy of the most extreme officials when it comes to their reproductive rights.
It’s important to note that Marshall’s position wouldn’t apply to the pregnant woman herself, as Alabama’s criminal law currently only applies to those who perform or assist with the abortion. However, with limited abortion access in the Deep South and other conservative states, and the distance women may have to travel to find a provider, having access to funding and support is crucial.
Abortion rights supporters who provide funding and assistance to women seeking abortions out of state have filed lawsuits against Marshall, claiming that his threats of prosecution violate their due process rights, freedom of speech, and right to travel. They argue that they cannot provide information or assistance to women for fear of criminal liability.
Marshall’s response to the lawsuits has been insulting and dismissive. He compared preventing out-of-state abortions to combatting drug trafficking, claiming that the state has an interest in regulating money used for out-of-state abortions, just like it regulates paying for illegal drugs. He argued that the state legislature has likened abortion to murder, therefore allowing the criminalization of Alabama-based conspiracies to commit abortions elsewhere.
Marshall also dismissed concerns about free speech and the right to travel, stating that the state can prevent arrangements for elective abortions just like it can prevent a mobster from hiring a hitman. He argued that Alabama law does not place an unconstitutional burden on the right to travel.
It’s worth noting that Marshall is not alone in targeting efforts to obtain abortions outside of states that ban the procedure. Idaho recently passed an “abortion trafficking” law that makes it a crime to help a pregnant minor obtain an abortion out of state without parental consent. Several jurisdictions in Texas have also passed laws making it illegal to transport women seeking abortions on certain roads and allowing private citizens to sue suspected violators.
The use of rhetoric referencing drug traffickers, heroin dealers, mobsters, and hitmen is not surprising coming from those who believe abortion is equivalent to murder. But let’s be clear, this was never about allowing democratic processes to determine these contested issues. It has always been about taking away women’s right to choose and control their own bodies using any means necessary.
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