Federal Judge Blocks Alabama's Strict Abortion Ban
District Judge Myron Thompson issued an expected preliminary injunction temporarily blocking Alabama from enforcing the law that would make performing an abortion a felony in almost all cases.
October 29, 2019 at 02:29 PM
4 minute read
A federal judge on Tuesday blocked Alabama's near-total abortion ban from taking effect next month, saying the law, part wave of new abortion restrictions by conservative states, is clearly unconstitutional.
U.S. District Judge Myron Thompson issued an expected preliminary injunction temporarily blocking Alabama from enforcing the law that would make performing an abortion a felony in almost all cases. The ruling came after abortion providers sued to block the law from taking effect Nov. 15. The injunction will remain in place until Thompson decides the full case.
"Alabama's abortion ban contravenes clear Supreme Court precedent," Thompson wrote in an accompanying opinion. "It violates the right of an individual to privacy, to make choices central to personal dignity and autonomy. It diminishes the capacity of women to act in society, and to make reproductive decisions. It defies the United States Constitution."
Energized by new conservatives on the U.S. Supreme Court, Alabama and other conservative states have attempted to enact new restrictions on abortion in the hopes of getting Supreme Court justices to reconsider Roe v. Wade, the landmark 1973 decision that legalized abortion nationwide.
A number of states attempted to ban abortion once a fetal heartbeat is detected. The Alabama law went further by attempting to ban almost all abortions with no exceptions for cases of rape and incest.
Passed by the Republican-led legislature, the 2019 Alabama Human Life Protection Act would make performing an abortion at any stage of pregnancy a felony punishable by up to 99 years or life in prison for the abortion provider. The only exceptions would be when there is a serious health risk to the mother or the fetus has a lethal anomaly that would cause it to die shortly after birth.
None of the state bans has taken effect. Some have already been blocked, and elsewhere courts are considering requests to put them on hold while legal challenges play out.
"This is not only a victory for the people of Alabama — it's a victory for the entire nation. We said it from the start: this ban is blatantly unconstitutional and we will fight it every step of the way," said Staci Fox, president and CEO of Planned Parenthood Southeast. Planned Parenthood was one of the groups that sued to block the law.
Randall Marshall, executive director of the American Civil Liberties Union of Alabama said the decision was expected.
"Abortion remains legal in Alabama. The state's repeated attempts to push abortion out of reach by enacting unconstitutional laws restricting abortions has already cost taxpayers nearly 2 ½ million dollars," Marshall said. "This ill-advised law will cost taxpayers more money."
Supporters of the Alabama law have also said they anticipated the action but hope to eventually convince the U.S. Supreme Court to roll back abortion rights. Alabama Republican Rep. Terri Collins, who sponsored the ban, said the ruling "is merely the first of many steps on that legal journey."
"As we have stated before, the state's objective is to advance our case to the U.S. Supreme Court where we intend to submit evidence that supports our argument that Roe and Casey were wrongly decided and that the Constitution does not prohibit states from protecting unborn children from abortion," Alabama Attorney General Steve Marshall said in statement. In a measured statement, Alabama Gov. Kay Ivey said the ban reflects Alabamians beliefs, but that she also supports the "rule of law."
"This legislation passed with overwhelming support in the Alabama Legislature and was signed into law as a testament to Alabamians' longstanding belief that every human life is sacred. We must continue doing all we can to protect life," Ivey said.
Copyright 2019 AP. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllGeorgia Appeals Court Cancels Hearing in Election Interference Case Against Trump
3 minute readJustice Department Says Fulton County Jail Conditions Violate Detainee Rights
6 minute readSupreme Court Rejects Push to Move Georgia Case Against Ex-Trump Chief of Staff Mark Meadows
3 minute read3 GOP States Join Paid Sick Leave Movement, Passing Ballot Measures by Wide Margins
5 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250