Judge Blocks Alabama’s Abortion Ban

On Tuesday, a federal judge blocked Alabama’s abortion ban, which was scheduled to be implemented on November 15 and would make Alabama the first state in the United States to make abortion illegal. The American Civil Liberties Union of Alabama and Planned Parenthood Southeast Advocates had filed suit claiming the legislation, which was signed into law last May, was unconstitutional.

As AL.com reports, Judge Myron Thompson of the District Court for the Middle District of Alabama stated of Alabama’s Human Life Protection Act, which would charge doctors with a felony for performing abortions unless the mother’s life was in danger or the baby was still born or likely to die just after its birth: “’The court is persuaded that the plaintiffs are likely to succeed in showing that the Act violates an individual’s constitutional right to obtain a pre-viability abortion, and thus that it violates her constitutional rights.” He concluded:

Alabama’s abortion ban contravenes clear Supreme Court precedent. It violates the right of an individual to privacy, to make “choices central to personal dignity and autonomy”(Casey, 505 U.S. at 851) … It diminishes “the capacity of women to act in society, and to make reproductive decisions.” (Id. at 860). It defies the United States Constitution. The court will, therefore, enter an appropriate order preliminarily enjoining enforcement of the Act as applied to pre-viability abortion.

The Daily Mail noted, “Tuesday’s injunction will ensure that the suit can move forward and upward through the court system – including, quite possibly, the Supreme Court – before coming into effect. Alabama Attorney General Steve Marshall has long been prepared for that possibility. In no uncertain terms, he responded in August to the ACLU and Planned Parenthood suit, announcing that he had every intention of challenging Roe v Wade.” (Read more from “Judge Blocks Alabama’s Abortion Ban” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE