(NationalUSNews.com) — Since the fall of Roe v Wade two years ago, abortion laws around the U.S. have been a constant topic of discussion. At least 22 states have either banned or restricted abortions, and legal challenges have ensued. Alabama has one of the strictest bans, with no exceptions for rape or incest. The state does allow for abortion in cases where the mother’s life is at risk, although some have expressed concern that the law is unclear on that issue.
The Yellowhammer Fund is a nonprofit that facilitates abortions for women in states where those are restricted or illegal. They have filed a lawsuit fighting back against Alabama Attorney General Steve Marshall, who has claimed that people who “aid and abet abortions” should be prosecuted. A similar lawsuit has also been filed by the ACLU of Alabama on behalf of the Alabama Women’s Center and the West Alabama Women’s Center. Marshall attempted to get the lawsuits dismissed, suggesting that planning to get an abortion in another state would constitute a conspiracy to commit a crime.
However, on Monday, May 6, U.S. District Judge Myron Thompson ruled that the lawsuits against Marshall can continue. In what some are considering an ironic move, Thompson cited conservative Supreme Court Justice Brett Kavanaugh in his ruling. In Kavanaugh’s Dobbs concurrence, he stated that the question of travelling to another state for an abortion was “not especially difficult” to answer. The issue would fall squarely under Americans’ constitutional right to interstate travel.
Thompson commented that the state of Alabama has no right to prevent its residents from going to California to engage in anything legal there. He also suggested that California, in turn, has no right to prevent Californians from going to Alabama and doing anything that might be legal there but illegal in their home state. Attorney for the ACLU, Meagan Burrows, believes the ruling will be a strong signal to anti-abortion conservatives that they have no constitutional standing to prevent people from seeking abortions in states with different laws from their own.
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